
Class .JlfvJ (olS 
Book '1°0 

Copyright N° 



c 



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THE 

HISTORY AND CIVIL GOVERNMENT 

OF INDIANA 



THE MACMILLAN COMPANY 

NIWVOBI • BOSTON - chum,.) 
ATLANTA • SAN FRANCISCO 

MACMILLAN ft CO., Limited 

LONDON • BOMBAY • CALCUTTA 
Mi- LBOUBMH 

THE IfACMILLAN CO. OF CANADA, Ltd. 

TORi 




"To Indiana's Silent Victors" 
Soldiers' and Sailors' Monument. Indianapolis 



THE 

HISTORY AND CIVIL GOVERNMENT 

OF INDIANA 



BY 

ELDO L. HENDRICKS, A.M. 

SUPERINTENDENT OF SCHOOLS, DELPHI, INDIANA 



THE MACMILLAN COMPANY 

1908 

All rights reserved 






LIBRARY of OONGRE6S* 
I wo Cooies rteceive* 

AUG 5 1*08 



w»/h|<h cony 

Ciuq 5 Mol 

CLAS^/4 AAc, |fe 

COPY tt. T 



J 



YKI..IIT, 1906^ 

r,v Till; M.\< mill.w COMPANY, 






Set up and clcctrotypcd. Published July, 1908. 



NottamotJ ^rrss 

J. S. Cashing Co. — Berwick As Smith Co. 

Norwood, Mass., US. A. 



PREFACE 

The State of Indiana is sponsor for its public schools. 
The State has kept faith with its constitutional provision 
for the organization and support of a uniform system of 
schools, open and free to all its citizens. To help the schools 
keep faith with the State is the purpose of this little volume. 

Experience proves that students do not view the State 
Constitution as a document with the interest they give it 
as a living instrument in action. Therefore, instead of 
relegating it to the Appendix, where at best it has the 
appearance of a skeleton at a feast, the Constitution has 
been made the center of the book, and, let us hope, the 
center of interest. The various subjects treated in the Con- 
stitution are classified as far as possible without destroying 
the original order, and comment follows each quotation. 
The chapter on the relation of state and federal govern- 
ment is the logical link between the two systems, regard- 
less of the order in which they may be presented. The 
introduction of a historical element, the tying together of 
paragraphs by threads of interest, and the occasional sug- 
gestion of mental images, it is believed, will stimulate 
thought. In brief the aim of the book is to vitalize what 
is too often a dull subject in school. This vitalizing influ- 
ence may be extended by the teacher. The lines of insti- 
tutional life in the State may be followed as far as time 
and material will permit. The school itself is an embryonic 
state, and may be made as much of a junior republic as the 
teacher desires. However, it is true that even a detailed 



\ 



vi PREFACE 

knowledge of the functions of government does not always 
make a good citizen. We may teach civics and miss that 
patriotism which the State rightly demands of its citizens. 
The larger practical good to the State will come from 
lessons in moral integrity. Without preaching at them, 
students should be led to see that a pure heart, guided by 
a clear mind, is the best gift offered at the shrine of our 
commonwealth. 

The matter-of-fact material treated has invited no attempt 
at literary style, but at no time has the author been un- 
mindful of his obligation to be clear and concise. Criti- 
cisms of the book will be gratefully acknowledged. 

ELDO L. HENDRICKS. 
Delphi, Indiana, 
June 15, 11)08. 



CONTENTS 

CHAPTER I 

The Relation of State and Federal Government. 
§§ 1-12 

8ECTION PAGE 

3. The Formation of State Constitutions 2 

8. Federal Powers 5 

9. State Powers 6 

12. The Relation of Powers 8 

CHAPTER II 
The History of Indiana. §§ 13-34 

14. • The French Period 12 

16. The English Period 15 

19. Virginia in Indiana 16 

22. The Territorial Period 18 

26. Statehood 22 

CHAPTER III 
The Constitution and Government. §§ 35-134 

37. The Bill of Rights 27 

54. Suffrage and Elections . . , . . . • . .34 

60. Distribution of Powers . . . .38 

61. The Legislative Department . 38 

75. The Executive Department 47 

82. The Administrative Department 54 

vii 



Viii CONTENTS 

SECTION PAGE 

106. The Judicial Department ...... 63 

115. Education 68 

119. State Institutions .72 

122. Finance 74 

124. Corporations 70 

125. The Militia 78 

126. Indebtedness of Political and Municipal Corporations . 79 

127. Boundaries 80 

128. Miscellaneous Provisions 81 

133. Amendments 83 

134. Schedule 84 

CHAPTER IV 
Local Government. §§ 135-177 

136. The County 90 

162. The Township 94 

158. The Town % . . 96 

108. The City 

APPENDIX 

A. The Ordinance of 1787 1<>7 

B. The Enabling Act of 1816 110 

a State Ordinance of 1816 LIS 

D. Official List of Governors 115 

E. Salaries of State Officers 116 

F. Salaries of County Officers 116 

Index 121 



ILLUSTRATIONS 

Soldiers' and Sailors' Monument at Indianapolis . . Frontispiece 

FA<LNG PAGE 

Old State House at Corydon 12 

Constitutional Elm at Corydon 12 

State Capitol 27 

Political Map of Indiana 40 

State Flag and Seal 54 

St. Francis Xavier Cathedral, Vincennes 68 

The Tippecanoe Battleground 82 

Residence of Governor William Henry Harrison, at Vincennes . 89 

Last Territorial Legislative Hall 97 



THE HISTORY AND CIVIL GOVERNMENT 
OF INDIANA 

CHAPTER I 

THE RELATION OF STATE AND FEDERAL GOVERNMENT 

1. Introduction. — The relation of State and Nation is 
the most striking characteristic of our government. The 
dovetailing of state and federal authority is so complex 
yet so simple, so promising of discord yet so harmonious, 
that we are forced to admire the skill of construction and 
the strength of union. This complexity is due to special- 
ization and is necessary to the high degree of liberty en- 
joyed by our people. Daniel Webster said: — 

Nothing is more deceptive or more dangerous than the pretense of Works, IV, 
a desire to simplify government. The simplest governments are des- * 22, 
potisms ; the next simplest, limited monarchies ; but all republics, all 
governments of law, must impose numerous limitations and qualifica- 
tions of authority, and give many positive and many qualified rights. 

Our form of government has been declared the most fin- Freeman's 
ished production of political ingenuity. Seldom has it lstoryo ^ 

been attained in the world's history. It is possible only Govern- 
in a refined age and among a people of political education. 

2. The State. — The term State is here used in distinction Meaning 
from Nation. A State is one of the self-directive political ° erm e 
units of the United States, having clearly defined bounda- State. 
ries and a republican form of government. The State is 

B 1 



2 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



supreme within its own sphere, but dependent within the 
sphere of the federal government. It is independent of 
every other State in all affairs which concern itself only ; 
it is subject to the federal government in all affairs which 
Hinsdale's concern the States collectively. Sovereignty rests neither 
in state nor federal government, but in the people who 
directly control both forms of government. The State Con- 
stitution, a written organization of government, stands above 
all legislative enactment or judicial decrees and is the 
highest exponent of the political character of the people. 



The Amer- 
ican Gov- 
ernment, 
418. 



Bryce's 
American 
Common- 
wealth % I, 
413. 



The Formation of State Constitutions 

3. Origin of State Constitutions. — State Constitutions are 

the oldest forms of government in our history. They are 
found embodied in the charters granted to the earliest 
English settlements on our coasts. They may be traced 
back to a time preceding the discovery of America. The 
chartered cities of the Middle Agea were children of still 
more ancient corporations, dating back to the days of law- 
giving Home. 

4. Transition from Colony to State. — Early in the Ameri- 
can Revolution there was a transition from colonial to state 
government. May 15, 1776, Congress advised the colonists 
to form state constitutions, which should "in the opinion 
of the representatives of the people best conduce to the 
happiness and safety of their constituents in particular, 
and of America in general.'' Naturally the colonists 
turned to their charters for material. In them provision 
had been made for a governor, with absolute veto power, 
usually appointed by the crown or proprietor; here also 
were found judges, usually appointed by the governor; and 
here was a legislature, the upper house of which might be 



STATE AND FEDERAL GOVERNMENT 3 

chosen by the governor, but the lower house of which was 
elective. In this way the colonial government supplied a 
foundation upon which to build a state government. It 
remained for the framers of the new constitutions to make 
the form more democratic; to separate more distinctly the Bryce's 
legislative, "judicial, and executive departments ; to render J' u 

7 J 1 x Common- 

officials, generally appointive under the colonial system, wealth, I, 

elective under the state system. Thus was prepared the ' ' 
new state constitution with its bill of rights, its frame of 
government, and its miscellaneous provisions for adminis- 
tration. The close relationship of State and Nation is well 
illustrated in the very beginning of our history. For these 
new state constitutions, suggested by a Continental Con- 
gress, in turn supplied material for the making of our 
federal Constitution. 

5. Supremacy of the Legislature. — At a time when their 
liberties were best represented in the legislative depart- 
ment of colonial government, the colonists were engaged in 
a desperate struggle with executive power. Their conflict 
with the executive, and their taste of self-government in 
the legislature, induced them to decry the former and exalt 

the latter. In framing the state constitutions the legisla- Ashley's 
ture was made supreme. It met annually in long sessions ; m * rican 
it appointed governors and judges ; in short, it was a new ment, 
Parliament in the new States. Madison said in the consti- ap * 
tutional convention of 1787 : — 

Experience proves a tendency in our government to throw all 
power into the legislative vortex. The executives of the States are 
little more than ciphers ; the legislatures are omnipotent, 

6. Restrictions on the Legislature, — The new States were 
scarcely organized before the people realized that they had in- 
trusted too much to the legislature. The democratic spirit 
of the times awakened in them a consciousness of their 



4 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Period of 

Useful- 
ness. 

Bryee's 
The Amer- 
ican Com- 
mon- 
wealth, I, 
438. 



Increase in 
Length. 



own ability to rule. They at once began a restriction of 
legislative power, which has continued to the present day. 
They demanded that constitutions be submitted to them for 
ratification. The lengthy annual sessions of the legislature 
were reduced to brief sessions every two years. The forma- 
tion and control of the judicial department was removed 
from the authority of the legislature. The right of choos- 
ing a governor was taken away from the legislature and 
given to the people. The governor was given a veto power 
over legislative acts; his. term of office was lengthened and, 
in many States, he was made eligible for reelection. As 
confidence in their liberties increased the fear of executive 
power declined, and the people learned to regard the three 

departments of government as instruments in their hands. 

7. Growth of State Constitutions. — Since the Revolution- 
ary period growth has been the distinguishing mark of stale 
constitutions. The average age of service of this polit- 
ical servant is estimated at thirty years. Georgia and 
Louisiana each have had six frames of government, ex- 
clusive of their Secession documents. Pennsylvania has 
enacted four, Illinois three, and Indiana two. Altogether 
over one hundred constitutions have been enacted in the 
States of the Union. 

The earlier constitutions were brief. They were restricted 
to an outline of the organization of government, and a state- 
ment of the conditions under which laws might be made 
and enforced. With the complex growth of industrial and 
social life has come a demand that constitutions not only 
prescribe in detail the organization of government, but that 
they enter the field of private law and legislative enactment. 
The fear of corporation management, the distrust of legis- 
lators, and an abiding faith in democracy have expressed 
themselves in codes of law embodied in the more recent 



STATE AND FEDERAL GOVERNMENT 5 

constitutions. This mode of popular lawmaking produces Wilson's 
decidedly longer documents than those of our earlier history. „• *' 
For instance, Virginia's first constitution contained four 89±-.s ( jg. 
pages, her second seven, her third eighteen; her present 
constitution, written in 1870, contains twenty-two pages, or 
about seventeen thousand words. The extremes are marked 
in the constitution of New Hampshire (1776) with about six 
hundred words, and the constitution of Oklahoma (1907) 
with fifty thousand words. 

Federal Powers 

8. Federal Powers. — The constitutional convention of 
1787 assumed the right and undertook the task of distribut- 
ing all governmental powers which had been secured by the 
people. As representatives of their respective States they 
delegated to the federal government control over those 
affairs which concerned all the States, or which could be 
successfully performed only by a nation acting as a unit. 
The Continental Congress had been a place of consultation, 
and the Confederation an advisory board ; but the new Con- 
stitution, together with federal laws and treaties, was to be 
" the supreme law of the land. 7 ' To the federal government 
was given absolute control of all foreign relations, the postal 
system, the army and navy, interstate commerce, currency, 
patents, copyrights, and kindred interests ; to it was in- V. s. 
trusted the protection of citizens from unjust legislation ti °° St ^ u ~ 
in any State. In these enumerated powers the federal gov- I, Sec. 8. 
eminent treats its citizens as directly responsible, and its 
authority is exercised over them without the intervention 
of any State. 



6 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



State Powers 

U. S. 9. State Powers. — The powers not delegated to the United 

Constitu- states by the Constitution, nor prohibited by it to the States, are re- 
Amend- served to the States respectively, or to the people. 

The amendment quoted has led to a very general notion 
that the States have a reservoir of powers which they 
possessed before entering the Union and which was not 
delegated to the general government. A better conception, 
especially in view of the Civil War, is that the powers 
Sources of indicated belong to "the people" only. It is within the 
province of the people to grant this residue of powers 
either to the States or to the federal government. But it is 
evident that the States are not departments of a central 
government which extends its authority over local affairs, 
as in France, or as the several States extend their authority 
over counties, towns, and cities. It would also be improper 
to speak of powers granted to the States since these powers, 
being original, are not enumerated. They are called in- 
herent powers, and in the exercise of them the State is 
supreme. 
What the The State enters the home, where it prescribes the rules 

state oes. Q £ marr i a g e am i |] ie legal relations which shall exist in the 
family; it maintains a school system and provides for 
the free education of every citizen ; it guards sacredly the 
rights of its people in the free exercise of their religious 
beliefs; it regulates business and encourages industrial 
pursuits; it guarantees the political rights of its citizens 
and controls the lesser political units within its territory. 

Wilson's Space would fail in which to enumerate the particulars to this vast 

The range of power ; to detail its parts would be to catalogue all social 

State, an( j business relationships, to examine all the foundations of law and 

8i)L> * order. 



STATE AND FEDERAL GOVERNMENT 7 

As a matter of sentiment we point with pride to our Impor- 
federal government. It represents our Nation, and it alone g*^ ° f Qy 
is recognized by other nations ; it marshals our army and eminent, 
sends our navy to distant seas; it performs all those duties 
which are rich in dramatic interest and incidents. As a 
matter of fact the average citizen rarely comes in contact 
with federal authority, save when he counts his money or 
opens his mail. Said President Garfield : — 

It will not be denied that the state government touches the citizen 
and his interests twenty times where the national government touches 
him once. 

10. Concurrent Powers. — The delegation of power to Cooley's 
the national government does not imply a prohibition upon n ™ cipes 
the States to use the same power, unless it is expressly tutional 
forbidden the States in the Constitution. For example, °' 
Congress has authority to levy internal taxes, but the power 

is not denied the State ; or, both governments may borrow 
money. Such powers, granted to the federal government 
and also retained by the States, are known as concurrent. 
They relate, in specified phases, to the following subjects : 
commerce, public debt, taxation, elections, suffrage, citizen- 
ship, militia, and the right of eminent domain. 

11. Denied Powers. — Since the federal government has 
no powers except those enumerated (and those implied in 
carrying out the enumerated powers), it would seem useless 
to deny it powers. Evidently the framers of the constitu- 
tion feared either an encroachment on state rights or undue 
exercise of the authority granted, for they did deny certain Powers 
powers to the federal gpvernment. The prohibitions im- ^ m t d }° 
posed are stated in Article I, Section 9, and in the first eral Gov- 
eight amendments to the Constitution. These eight amend- ernment - 
ments form a bill of rights; they restrain the federal 
government but not the States.. 



8 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Powers 
denied to 
the States. 



Powers 
denied to 
both State 
and 
Nation. 



Indeed, at the time of the making of the federal Constitu- 
tion there was more need of placing a guard over the States 
than over the Nation. The Nation was scarcely worthy of 
the name; it had not attained the strength of maturity. 
The States were the possessors of almost unlimited power 
and were disposed to question every tottering move of the 
general government. In a spirit of fairness, therefore, 
certain powers were denied to the States. As read in 
Article I, Section 10, of the Constitution, these prohibitions 
appear not so much a preventive of state encroachment on 
federal power as a definition of those duties which the 
States as individuals could not successfully perform. 

It might appear that all powers denied to the States are 
permitted to the federal government, and, conversely, that 
all powers denied to the federal government are permitted 
to the States. But this is not true. The framers of the 
Constitution saw that there were Some things which neither 
state nor federal government ought to do ; therefore, certain 
powers were denied to both. Neither state nor federal 
government can appropriate private property for public use 
without compensation; neither can impair the obligation 
of contract ; nor grant titles of nobility ; nor pass an ex port 
facto law or bill of attainder. The makers of the Constitu- 
tion were determined to exclude, in State and Nation, every 
possibility of an oppressive government. 



The Eelatiox of Powers 



12. Preservation of the Relation between State and Na- 
tion. — When two governments exercise control over the 
same people at the same time the question of authority in 
Conflict of certain cases will naturally arise. For example, the State 
has the right to regulate the running of trains within its 



Powers. 



STATE AND FEDERAL GOVERNMENT 9 

boundaries ; the federal government also has that right 
when they carry the mails. The State may forbid the 
manufacture and sale of certain articles within its territory ; 
but the federal control of interstate commerce permits the 
articles to be shipped into the State. The concurrent 
powers relating to taxation, elections, and citizenship give 
rise to questions of authority. Whenever the powers over- Forman's 
lap in the development of new interests, doubt will arise f? v . anc ?* 
as to which authority should exercise control. Evidently, 
harmony can exist only as long as each government remains 
within its proper sphere of action. If the federal govern- 
ment becomes autocratic, its authority will be restricted ; if 
the state government fails to serve the local needs of the 
people, its power will be absorbed by the federal govern- 
ment. 

The States and the federal government, like the planets in their 
revolution around the sun, acting and acted upon, will move on in 
harmony and majesty only so long as a beautiful equilibrium between 
them is preserved. 

But the firm belief of the people that local interests are 
best served by the State and national interests by the fed- 
eral government ; the eminent success of the Supreme Court, 
thus far, in keeping each government within its proper 
sphere, are indications that little danger need be feared Little Dan- 

from a conflict of powers. In addition it should be kept in s er rom » 
r r Conflict of 

mind that the same people control both governments. To Powers, 
the declaration of Governor Wright that the selection of 
good county commissioners is more important than the 
selection of good congressmen might be added the equal 
truth that the selection of the former usually implies the 
choice of the latter, for the same people elect both. 

The greater danger lies in a poor administration of both 
state and federal government. No form of government is 



10 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



The Ad- 
ministra- 
tion of 
Govern- 
ment. 



good if it is poorly administered, and almost any form is 
good if it is well administered. If our highly organized 
and delicately adjusted system of government remains 
efficient under the control of the people, two things are 
absolutely essential. First, the great masses of the people 
must possess political intelligence. In no other form of 
government is intelligence on the part of all the people so 
necessary as in a democracy. Every county in the State 
should have men intellectually capable of filling the govern- 
or's chair; every State in the Union should have men avail- 
able for the presidency. But intelligence without honesty 
is dangerous to government. The second essential, then, is 
moral integrity. After all, the kind of administration given 
by either party is a matter of principle rather than policy, 
and is based on the moral character of the officials rather 
than on party platforms. In our form of government every 
citizen should practice the sovereignty of self-reliance and 
the patriotism of a square deal. 



General References 

Bryce, The American Commonwealth^ Vol. I. 
Wilson, The State. 

Cooley, The Principles of Constitutional Law. 
Hinsdale, The American Government. 

Ashley, The American Federal State ; American Governrm nt. 



Topics 

The Evolution of State Constitutions : Bryce, The American 
Commonwealth, I, 434-446 ; Cleveland, Growth of Democracy, 109- 
113 ; Hitchcock, American State Constitutions. 

The Constitution of Oklahoma as a Type : TJie Outlook, Vol. 
84, p. 802 ; Vol. 85, p. 727 ; Vol. 87, pp. 229, 594 ; The Arena, Vol. 38, 
p. 642 ; The Nation, Vol. 84, p. 304. 



STATE AND FEDERAL GOVERNMENT 



11 



Practical Questions 

1. What is sovereignty ? Wherein does it reside in our form of 
government ? 

2. Explain inherent, reserved, delegated, as applied to govern- 
mental powers. 

3. How can we distinguish between state and federal authority ? 

4. What effect had the Civil War on the relation of state and fed- 
eral government ? 

5. What interstate relations are established by the Constitution ? 

6. What has caused the increased length of our state constitutions ? 
Should they embody ordinary laws ? 




7. Let the accompanying figure represent all the powers of govern- 
ment. Let A represent the powers exclusively federal, B the powers 
reserved to the State, C concurrent powers, D powers denied the fed- 
eral government, E powers denied the State. Enumerate the powers 
under each letter. 



Tiede- 
man's The 
Unwritten 
Constitu- 
tions of 
the United 
States, 138. 



CHAPTER II 

THE HISTORY OF INDIANA 

Dunn's 13. Authority over the Territory. — It is difficult to realize 

Indiana, 1. f u ]jy t | iat Indiana was ever subject to the dominion of kin^s. It 
seems more like a dream than the sober truth of history that the ap- 
proval of Louis the Great was a prerequisite to the exploration of her 

lauds, and commercial intercourse witli her naked denizens ; that the 
sensual monster Louis XV held in his hands the supreme power over 
the welfare of her first settlers ; that George III controlled her course 
f in the tottering advances of her infancy. 

France exercised control over Indiana from the time of the 
diseovery of the Mississippi by La Salle in 1682 until the sur- 
render of her territory east of that river to the English in 
1763. Great Britain nominally retained possession until it 
was wrested from her by Colonel George Rogers Clark, in the 
name of Virginia, 1779. Virginia formally, but not effect- 
ively, governed it until the surrender of her claims in favor 
of the general government in 1781. The United States 
ercised authority over it as a territorial possession until it 
entered the Union of States in 1816. Thus the truth of his- 
tory reveals the faet that the territory now forming Indiana 
was, at different times, under the dominion of three coun- 
tries and one State; and that the flags of three nations have 
waved over its soil. 

The Frexch Period 

La Salle. 14- Early Voyages and Settlements. — The intrepid 

French explorer La Salle was the first white man known to 

12 




The Old State House at Corydox. Capitol from 1813 to 1875. 
Now a Couxty Courthouse. /# 



B% ' V ••'•.' -jS--' 




1 * % 





The Coxstitutioxal Elm at Corydox. 

(Excessive heat drove the constitutional convention of 1316 to perform a large part 
of its work in the shade of a massive elm tree.) 



THE HISTORY OF INDIANA 13 

have visited Indiana. In an attempt to reach a passage 
" communicating with Japan and China " he passed down 
the Ohio as far as the present site of Louisville in 1669. 
Again we find him crossing by portage from the St. Joseph 
to the Kankakee in 1697. Later he doubtless passed several 
times along the Ouabache [Wabash], — the Indian Appian 
Way between Canada and Louisiana. 

Following in the footsteps of La Salle came the French 
missionaries, traders, and soldiers. The first trading post 
within the State was made in 1720 at Ouiatanon [We-a/ta- Post Ouia- 
non] on the Ouabache, four miles below the present site of tanon - 
Lafayette. The location of this post, at the head of river 
navigation for large boats, made it a point of commercial and 
military importance for a brief time. It never became a 
settlement of any size, and every vestige of its existence has 
long since disappeared. Vincennes, named after its founder, Post Vin- 
was established as a post about 1727, and is the only one of cennes - 
the earliest settlements which grew into a town. Fort Fort Mia- 
Miamis, near the present site of Fort Wayne, was the only mis " 
other post established in the early days of French occupa- 
tion. Post Vincennes was included in the province of 
Louisiana; Ouiatanon and Fort Miamis belonged to Canada 
and were under control of the commandant at Detroit. 

15. Character and Influence of the French. — The period 
of French supremacy may not be traced in the present lan- 
guage, customs, or laws of the State ; in only a few com- 
munities can the descendants of the daring and generous- 
hearted wood rangers be found to-day. Indifferent to what 
we call political rights, they established no form of civil 
government. Few in number and here for a brief season 
only, they developed none of the natural resources of the 
country. Agriculture, when carried on at all, was of the 
rudest kind. The whole character of the French was es- 



14 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

pecially fitted for a first contact with savage life in the wil- 
derness ; and their chief employment was what the situation 
offered, — trading in furs. 

In 1778 the annual fur trade of Vincennes and Ouiatanon 
was estimated at $25,000 and $40,000, respectively. Who 
was so well fitted to collect this wealth as the French voy- 
ageurs ? Who could endure hardship, patrol the forests, 
or placate the Indians as well as the coureurs de bois t 
With the silence of time on their vices and the glamour of 
tradition on their virtues, they seem to belong to an age of 
poetry and romance. 

We see them gliding along the streams in their canoes, shapely and 
serviceable as any water craft, that man lias ever designed, and yet 
buoyant and fragile as the wind-whirled autumn leaf. We catch afar 
off the thrilling cadence of their choruses, floating over prairie and 
Dunn's marsh, echoing from forest and hill, Startling the buffalo from his 
Indiana, haunt in the reeds, telling the drowsy denizens of the posts of the ap- 
61- proach of revelry, and whispering to the Indian village of gaudy fab- 

rics, of trinkets, and of fire water. We feel the genial warmth of the 
camp fire that breaks the chill of the night wind, and dissipates the 
fog which rises from stream, bayou, and marsh, as the men gather 
about it and whiff the narcotic incense from their stumpy pipes 
later on, when they bring forth the inevitably greasy pillows, roll in 
their grimy blankets, and speed away to dreamland. Another night 
they have reached the little post, and we are overwhelmed by the con- 
fusion of chattering, laughing, singing, and bargaining ; we almost 
taste the fiery brandy that is rapidly preparing them for the wild 
whirl of the dance and the delirium of the debauch beyond. 

In marked contrast is the mental image of French mis- 
sionaries, grappling with the mighty problem of the con- 
version of a savage race, and the yet greater problem of 
counteracting the influence of the coureur de bois. 



THE HISTORY OF INDIANA 15 

The Engl'ish Period 

16. Transfer of Authority. — France never held undis- 
puted possession of the territory embracing Indiana. 
Her claims, resting on discovery, exploration, and actual 
occupation, were doubtless most substantial. But England 
also claimed the territory on account of her discoveries, 
explorations, and treaties with the Indians. The contest 
which culminated in the French and Indian War deter- 
mined whether the Mississiprn Valley should be French or 
English. After the surrender of Quebec and Montreal the 
French gave up Canada (1760). In 1761 Ouiatanon was 
occupied by the British. Vincennes was not surrendered 
until the end of the war (1763), nor occupied by the British 
until 1777. 

17. Pontiac's Conspiracy. — The Indians were unwilling 
to exchange their companionable French masters for the 
blunt, though honest, English. They had not learned that 
the English were more ready to pay for their lands than 
the French had been. A conspiracy under Pontiac was all 
but successful in driving out the English. Of all the forts 
west of Pittsburg, Detroit alone withstood his attacks. 
Finally convinced of the folly of the struggle, he declared 
for peace with the English at Ouiatanon in 1765. 

18. British Dominion. — Upon occupation of the territory 
by the British, General Gage issued a proclamation extend- 
ing to the French habitants the freedom of their religion Freedom 
and the choice of selling their lands and removing, or of £ rante t0 
remaining to enjoy the rights and privileges of other sub- French, 
jects. An oath of allegiance only was required. Most of 

the French remained, but their settlements gradually de- 
creased in size and influence. 

Immediately after the French and Indian War, colonists 



16 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

from the Atlantic seaboard began moving westward. It is 
estimated that within three years thirty thousand settlers 
had passed into the over-mountain country. The English 
government, jealous of this expanding power of the colo- 
nists, and ready to enlist the sympathies of the French in 
the event of trouble, issued the famous Quebec Act of 1774. 
By this act the home government sought to exclude the 
colonists from the Northwest by extending the limits of 
Quebec to the Ohio and Mississippi rivers. The act also 
restored French law, abolished the right of trial by jury in 
civil cases, and guaranteed extensive property rights to the 
Catholic clergy. But in spite of the acts of Parliament and 
the proclamations of the king the hardy pioneer colonists 
penetrated the interior. 

Virginia i\ Indiana 

19. The Conquest of Indiana. — The British did not long 
enjoy possession of Indiana.. At the time of the beginning 
of the Revolutionary War they had been unable to enlist 

the sympathies of the French inhabitants. But they had 
made allies of the Indians; and these they incited to acts 
of barbarity against the colonists. 

To put an end to Indian cruelty and British perfidy, Colo- 
nel George Kogers Clark, a Virginian residing in Kentucky, 
George determined on the conquest of the Northwest. Commis- 
ogers sioned by Governor Patrick Henry and encouraged by 
Thomas Jefferson of his native State, he undertook a task 
the magnitude and success of which won for him the title 
of " The Hannibal of the West." With one hundred and 
fifty-three men this indomitable leader marched from the 
present site of Louisville to Kaskaskia on the Mississippi, 
which post he captured July 4, 1778. From this point he 



THE HISTORY OF INDIANA 17 

dispatched a small force under Captain Helm to take pos- 
session of Vincennes. The British forces were absent when 
Captain Helm arrived, but returned in December under Gen- 
eral Hamilton with a force of thirty regulars, fifty Cana- 
dians, and four hundred Indians. 

Woodburn 
Captain Helm, in command of one man, was in the fort when an( i 

Hamilton appeared. Helm, however, was not in a submissive mood, Moran's 

and standing over a loaded cannon, with a burning match in his hand, American 

he refused to surrender until he had been promised the u honors of History 

war." This being done, Helm marched his force of one man out of an 

€r it iiient 
the fort with due pomp and ceremony. 481 

More serious was the determination of Colonel Clark to 
recapture the fort. In the following February he began 
a notable march across Illinois. The country had been 
flooded, and often his men were forced to wacle all day, 
breaking the thin ice before them. Says Clark, "Many 
would reach the shore, and fall with their bodies half in 
the water, not being able to support themselves without it." 
When the fort was reached the men were exhausted, but 
the iron will of the leader was undaunted. He attacked 
the fort, and after a hard fight of a day and a night forced 
its surrender. The capture of this post gave the Northwest 
to the immediate care of Virginia, and assured its cession 
to the United States in the treaty of 1782-1783. As a par- 
tial acknowledgment of the service, which was perhaps more 
important than Colonel Clark ever realized, Virginia, with 
the later approval of the general government, gave to the 
gallant leader and his men fifty thousand acres of land in 
the south part of the State. 

20. Virginia Authority in Indiana. — Soon after Colonel 
Clark had taken possession of Kaskaskia, and before Gen- 
eral Hamilton had surrendered to him at Vincennes, the 
legislature of Virginia passed an ordinance for the govern- 
c 



18 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Organiza- 
tion of 
Govern- 
ment. 



Law's 

Vincennes, 

110-110. 



merit of the territory northwest of the Ohio. The entire 
region was called the County of Illinois, over which the 
Governor of Virginia appointed a County-lieutenant. He, 
in turn, had power to appoint as many deputy officials as 
he deemed proper. Local officers were to be " chosen by a 
majority of citizens in their respective districts." Under 
this organization of civil power, the first election ever held 
in Indiana took place in 1779. The statutory organization 
of the County of Illinois expired by its own limitation in 
one year; but the officers chosen at this first election con- 
tinued to exercise unquestioned authority. The judges 
generously divided an old Indian grant, twenty-four leagues 
square, among themselves, each one in turn modestly 
absenting himself on the day Ins associates granted him 
his portion. The United Slates repudiated the action. 

21. Cession of Claims to the United States. — In addition 
to the jurisdiction exercised over the Northwest by Virginia, 
the States of Massachusetts, Connecticut, and New fork 
laid claim to parts of the same, by reason of charter rights 
and Indian treaties. Fortunately, Maryland refused to ratify 
the Articles of Confederation until the general government 
assumed control of the western lands, regardless of rival 
claims. Virginia deeded her claims to the United States in 
1784, and within three years the other States had relinquished 
their claims. 



The Territorial Period 



The Ordi- 
nances of 
1784, 1785, 

and 1787. 



22. Ordinances. — The government of the northwestern 
lands called for the highest order of statesmanship. In 1 78 1 
Congress provided a temporary government, but it was never 
enforced. In 1785 Congress provided for the survey of the 
land and the reservation of every sixteenth section for school 
purposes. But it was the Ordinance of 1787 of which Daniel 



THE HISTORY OF INDIANA 19 

Webster said, " I doubt whether one single law of any law- 
giver, ancient or modern, has produced effects of more dis- 
tinct, marked, and lasting character/' (See the Ordinance 
of 1787, in Appendix.) Before the district now embraced in 
Indiana had a population sufficient for territorial organiza- 
tion it was controlled by a Governor and judges appointed 
by Congress. General Arthur St. Clair was appointed as first 
Governor, and established the seat of government at Mari- 
etta, Ohio, in 1788. In 1790 Knox County, embracing Indi- 
ana and parts of Michigan and Illinois, was organized, with 
Vincennes as the county seat. Then followed the first effect- 
ive civil government Indiana had known in ten years. 

23. Indiana Territory. — In 1798 it was determined that 
the Northwest Territory contained the requisite number of 
male inhabitants (5000) to secure a territorial form of gov- 
ernment of the second grade. This permitted the organiza- 
tion of a legislature, which, in turn, had the right to select 
a delegate to Congress. The first legislative assembly con- 
vened at Cincinnati in 1799 and selected William Henry 
Harrison delegate to Congress. 

In 1800 Congress divided the Northwest Territory by a 
line running north from Cincinnati to the national boundary. 
All east of this line retained the old name, but all west of The North- 
it was called Indiana Territory. The government of In- ^ est Ter " 

. ritory 

diana Territory as thus formed began at Vincennes July 4, divided. 
1800, with William Henry Harrison as Governor. In five 
years this territory passed to the second stage of govern- 
ment ; a legislature was organized, and Benjamin Parke 
selected as delegate to Congress. 

In 1805 Congress divided Indiana Territory by the crea- Indiana 
tion of Michigan on the north ; and, in 1809, again reduced Territory 
it by the creation of Illinois Territory on the west. This 
last pruning of Indiana Territory left it with practically the 



20 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

same boundaries which the State has at present. With a 
population of seventeen thousand, and one third of the lands 
already purchased from the Indians, she started on her way 
toward Statehood. 

24. Indian Troubles. — In the year 1809 three million 
acres of land were purchased of several Indian tribes. The 
aggressive Shawnee warrior Tecumseh, alarmed lest the 
sale of land should deprive his people of their homes, 
formed a conspiracy in 1811 for the purpose of driving out 
the whites. His contention was that no land should be sold 
by chiefs without the consent of all the tribes. Id a con- 
ference with Governor Harrison at Vincennes, Tecumseh 
sought to have the lands thus sold returned to the Indians. 
He said, in part : — 



Tecum- Brother, you ought to know what you arc doing with the Indians, 

seh's Perhaps it is by direction of the President to make these distinctions. 

Speech. j t j s a very bad thing and we d<> not like it. Since my residence at 

Tippecanoe, we have endeavored to level all distinctions; to d< 

Village chiefs, by whom the mischief is done. It is they who sell OUT 
land to the Americans. ( )ur object is to let all our affairs be trans- 
acted by warriors. 
Dillon's Brother, I wish you would take pity on the red people and do 

History of what I have requested. If you do not give up the land and do 



Indiana, 
443-444. 



the boundary of your present settlement, it will be very hard and will 
produce great trouble anion-- us. How can we have confidence in 
the white people ? When Jesus Christ came upon earth you slew him 
and nailed him upon the cross. You thought he was (had. but you 
were mistaken. 



When Governor Harrison informed Tecumseh that the 
President would decide the question, he replied : — 

As the great chief is to determine the matter, I hope the Great 
Spirit will put sense enough into his head to induce him to direct yon 
to give up this land. It is true he is so far off he will not be injured 
by the war. He may sit still in his town, and drink his wine, while 
you and I will have to fight it out. 



THE HISTORY OF INDIANA 21 

In the battle of Tippecanoe it was fought out. Unable to 

placate the Indians or stop their depredations, Governor 

Harrison marched into their territory with a force of nine 

hundred men. Seven miles north of Lafayette he encamped The Battle 

on a triangular knoll of woodland, near the Tippecanoe. of Tl PP e ~ 

7 L L canoe. 

Here, in the early morning of November 7, 1811, he was 
fiercely attacked by Tecumseh's brother, "The Prophet/' 
with a force of Indians variously estimated at from three hun- 
dred and fifty to one thousand. In a sharp engagement the In- 
dians were routed and their confederacy crushed. Harrison's 
force had thirty-seven men shot down in the light of their 
own camp fires, and twenty-five afterward died of wounds. 
Encouraged by our trouble with Great Britain, the Indians 
committed occasional outrages while the War of 1812 lasted. 

The most serious of these was the massacre of three men, five J 1 * 6011 

' Roost 

women, and sixteen children at Pigeon Eoost settlement in Massacre. 
Scott County in 1812. 

25. Slavery. — One of the most important subjects dis- 
cussed previous to the formation of the state Constitution was 
that of slavery. Slaves were brought into the territory by 
the earliest French settlers, and the institution continued to 
exist in spite of the provision against it in the Ordinance of 
1787. Between 1796 and 1807 six petitions were presented 
to Congress asking for the abrogation of that article in the 
Ordinance which forbade slavery. (See Art. 6, Ordinance of 
1787, Appendix.) A law of indenture provided that negroes 
coming into the territory under contract should be compelled 
to serve the specified time, and that such service might be 
sold as personal property. In 1810 there were two hundred 
and thirty-seven slaves in the territory. But in the consti- 
tutional convention the antislavery party triumphed, and 
the State was free. The name of Jonathan Jennings is 
most prominent as an early advocate for freedom. 



22 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Statehood 

26. Admitted to the Union. — By an act of the legislature 
the capital of Indiana Territory was removed from Vincennes 
to Corydon in 1813. A census ordered by the legislature 
soon afterward showed a population of G3,897 in the thirteen 
counties, more than the number required for Statehood. In 
1815 the legislature petitioned Congress for admission into 
the Union. Congress granted an Enabling Act (see Appen- 
dix) providing for an election of delegates to a constitutional 
convention. The convention met at Corydon and the dele- 
gates completed a State Constitution, June 29, 1816. De- 
cember 11, 1S1G, Congress formally introduced Indiana to 
the sisterhood of States. 

27. An Experiment in Socialism. — The Organization of a 

social settlement on the Wabash, in Posey County, brought 

to the State many distinguished visitors and colored the 

The New early life of the commonwealth. The New Barmony settle- 

ai ' lnony ment was founded by George Rapp in 1815, and purchased 

ment. by Robert Owen and associates in 1825. Its purpose was 

the creation of a community of social equality. It, was a 
splendid dream ; but, like other communistic dreams, proved 
as impracticable as it was visionary. During its palmy days 
it attained more than a national reputation; it contributed 
not a little to scientific progress; and, best of all, it attracted 
men who later became prominent in the service of State and 
Nation. 

28. A New Capital and a New Constitution. — By an act 
of Congress in 1816 four sections of land were appropriated 
for a new capital. In 1820 commissioners selected the pres- 
ent seat of government, near the geographical center of the 
State, and in 1825 the capital was removed to Indianapolis. 

In 1850 the state legislature authorized the assembling of 



THE HISTORY OF INDIANA 23 

a convention for the purpose of framing a new Constitution. 
One hundred and fifty delegates met in October of the same 
year, and after four months' deliberation presented the 
present Constitution to the people (35). It was ratified 
August 4, 1851, and a new period in the life of the State 
was begun. 

29. Internal Improvements. — Transportation facilities are 
highly necessary for the development of a commonwealth. 
The general government assisted in building a national road 
from Baltimore westward toward the Mississippi. This Roadways, 
road penetrated the State near the middle of its eastern 
boundary, passing through Richmond, Greenfield, Indian- 
apolis (Washington Street), Greencastle, and Terre Haute. 
While dragging its weary length across the State of Illinois 
it was overtaken by steam railroad lines and was never 
completed. A roadway from Madison in the south to 
Michigan City in the north was built by the State. These 
and other roadways were valuable for travel rather than 
the carrying of freight. 

More important, was an elaborate system of canals which 

the State undertook to build. Of these the Wabash and 

Erie was most important. It provided a waterway from 

Toledo to southern Indiana by way of Fort Wayne, Logans- The Wa- 

port, Lafayette, and Terre Haute. Although used only a c^af ^ 

brief time after it was built, its value is illustrated in the 

following quotation: — 

& ^ Benton's 

As late as 1840 the farmers of Delphi were hauling their wheat to The Wa- 
Michigan City and selling it for forty-five cents a bushel, and paying bash 
nine dollars a barrel for salt ; but in less than two years, when the ^acle 
canal had reached that place, the same farmers obtained one dollar a 
bushel for their wheat and bought salt for less than four dollars a 



Route in 
the DeveU 
opment 
barrel. f tne 

Nowhere is the development of transportation lines better Nor ^ i - 
x x west, 

illustrated than in Indiana. Lying side by side between 109. 



24 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Fort Wayne and Lafayette are the following lines of 
transportation : the Wabash River, the old canal, a steam 
car line, and an electric car line. Nineteen steam trunk 
lines now cross the State, wholly or in part, from east to 
west ; seven lines pass from north to south, while a perfect 
network of electric lines radiate from the capital city. 

30. Military Record. — Indiana's record in the wars of 
the Union reflects honor and loyalty on her name. Her 
part in the Revolution has been noted. Her pioneers were 
at the front in the War of 1812. She supplied over four 
thousand troops for the Mexican War. The first call for 
her quota of six thousand men in the Civil War was 
answered by twenty thousand volunteers. Altogether she 
furnished over two hundred thousand soldiers for the sup- 
pression of the Rebellion. The invasion of the State by Mor- 
gan in 1863 met no welcome. Equally praiseworthy were 
her sons in the Spanish-American War. 

James A. 31. National Politics. — For nearly a, half century after 

Woodbura the admission of Indiana into the Union her electoral vote 

in Report, 

of Ameri- was given to the Democratic party, except when William 

can His- Henry Harrison was the Whig candidate. This partiality 

Associa- toward Jeffersoman democracy is explained by the early 

Hon, 1902, settlement of the south part of the State by immigrants from 
I, 226-226. f 

Kentucky, Tennessee, Virginia, and tin 4 Carolinas. With 

the settlement of the northern part of the State by immi- 
grants from the Northern and Eastern States it ceased to he 
solidly Democratic. Since the Civil War it has been pivotal 
in party contests. From 1868 to 1892 a candidate from In- 
diana was secured by one party or the other for the presi- 
dential ticket. In recent years the State has been carried 
by large Republican majorities^ 

32. Natural Resources. — A rich soil has been the source 
of life and wealth since the days of the fur traders. But 



THE HISTORY OF INDIANA 25 

the first settlers found this soil covered with scarcely less 
valuable forests of somber beauty and grandeur. One fifth 
of the State's surface is underlaid with coal, the annual out- 
put of which is more than ten million tons. Vast reservoirs 
of gas and petroleum have been tapped, while clays, shale, 
marl, and peat are known to have values. Indiana outranks Twenty- 
any other State in the Union in her building stones ; her ^ n . 
beautiful blue or buff tinted limestone is used in thirty State Geol- 
States and three foreign countries. These natural resources ogiSi 
of the State present a background of ages upon which is 
projected a short century of human development ; what use 
an intelligent people will make of them is beyond the vision 
of the present. 

33. Industries. — Judged by the number of persons em- 
ployed and capital invested, agriculture is the most impor- 
tant industry in the State, although in the value of its prod- 
ucts it is second to manufactures. The State has been 
favored in the conditions of its economic development from 
forest to field and from field to factory. 

34. The People. — The population of Indiana is native 
and permanent. Although situated in the pathway of mi- 
gration, only six per cent of its people are foreign born. Of 
the foreign element one half is German and the remainder is 
chiefly Irish and English, — all thrifty scions of our parent 
stock, Having always lived near the currents of national 
life, the Hoosiers have no peculiarities of manner, custom, 
or speech which differentiate them from the residents of 
sister States. Since the arduous duties of establishing a 
commonwealth have been performed, more attention may be 
given to the graces of civilization ; to the humane, cultural, 
and artistic impulses which mark the highest type of citi- 
zenship. 



26 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



General References 

Hinsdale, The Old Northwest. 

English, The Conquest of the Northwest. 

Thwaites, How George Sogers Clark icon the Northwest. 

Dillon, History of Indiana. 

Dunn, Indiana* (Commonwealth Series.) 

Smith, History of Indiana* 

Conklin, Young People's History of Indiana. 

Benton, The Wabash Trade Route. 

Nicholson, Tlie Hoosiers. 

Topics 
The Winning of tin; Northwest: Thwaites; English; Dunn; 

Hinsdale. 

Slavery in India* \ : Dunn. 

Pioneer Life n [ndiana : Conklin; Indiana Quarterly Maga- 
zine of History \ Vol. III. 

Foi.K-Si-ii.ru i\ [ndiana: Nicholson; Indiana Quarterly M 
Zineof History, Vol. I, No. 4. 

The Wabash Trade Horn:: Benton; Indiana Quarterly Maga- 
zine of History, Vol. HI, No. 3. 



Practical Questions 

1. How has the geographical location of Indiana influenced its 

history ? 

2. What were the purposes of the early French explorers t 

3. Give reasons for the rapid growth of the State ; for its fixed 
population. 

4. Which part of the State was last settled ? Why ? 

6. What is the present standing of the State in literature ; educa- 
tion ; politics ; religion ? 



CHAPTER III 

THE CONSTITUTION AND GOVERNMENT 

35. The New Constitution. — The Constitution of 1816 pro- 
vided that every twelfth year the question of calling a 
constitutional convention should be submitted to the people 
at a general election. Four times was this proposition sub- 
mitted before a majority of the people voted (1849) to place 
the sovereignty of the State in the hands of a convention. 
The causes which culminated in the making of the new Con- 
stitution of 1851 are reflected in the Constitution itself. 

36. The Preamble. — The Preamble is the enacting clause 
of the Constitution, and states the purposes of its creation 
as follows : — 

To the end that justice be established, public order maintained, and 
liberty perpetuated : We, the people of the State of Indiana, grateful 
to Almighty God for the free exercise of the right to choose our own 
form of government, do ordain this Constitution. 

The Bill of Eights 

37. Rights Reserved. — The first thirty-seven sections of Article I 
the Constitution enumerate certain civil, political, and reli- 
gious rights which belong to the people, and may not be 
usurped by the government. Many of them are taken from 

the great English charters which were wrested by our fore- 
fathers from unwilling kings. 

38. Natural Rights. — Sectiox 1. We declare that all men 
are created equal ; that they are endowed by their Creator 

27 



28 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article I with certain unalienable rights; that among these are life, 
liberty, and the pursuit of happiness; that all power is in- 
herent in the people; and that all free governments arc and 
of right ought to be, founded on their authority, and insti- 
tuted for their peace, safety, and well-being. For the ad- 
vancement of these ends, the people have at all times an 
indefeasible right to alter and reform their government. 

The provisions of this section were taken directly from 
the Declaration of Independence. The equality asserted is 
political, not social. On election day only are all men 
equal. Unalienable rights are those which can never be 
given away. An agreement to surrender them would 
not be binding. When Forfeited because of crime, the 
Slate takes them, presumably without the consent of the 
individual. 

39. Religious Freedom. — Si:c 2. All men shall be secured 
in their natural right to worship Almighty God according 
to the dictates of their own consciences. 

Sec. 3. No law shall, in any case whatever, control the 
free exercise and enjoyment of religious opinions, or inter- 
fere with the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any creed, 

religious society or mode of worship; and no man shall be 
compelled to attend, erect or support, any place of worship, 
or to maintain any ministry against his consent. 

Sec. 5. No religious test shall be required as a qualifica- 
tion for any office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for 
the benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a 
witness, in consequence of his opinion on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation 
shall be such as may be most consistent with, and binding 
upon, the conscience of the person to whom such oath or 
affirmation may be administered. 

The complete separation of Church and State is a prin- 
ciple in American government. The federal government 



THE CONSTITUTION AND GOVERNMENT 29 

leaves the protection of citizens in matters of religion to Article I 
their respective States. As late as 1877 the Constitution 
of New Hampshire required certain officers to be adherents 
of the Protestant religion. In Indiana the separation of 
Church and State is complete, Sunday laws even not being 
considered religious' laws. The form of oath usually admin- 
istered by a judge or clerk is as follows : — 

You do solemnly swear that you will tell the truth, the whole truth, 
and nothing but the truth in the case now on trial : so help you God. 

But an affirmation will answer. 

40. Freedom of Speech. — Sec. 9. No law shall be passed 
restraining the free interchange of thought and opinion, or 
restricting the right to speak, write, or print, freely, on any 
subject whatever; but for the abuse of that right every 
person shall be responsible. 

Sec. 10. In all prosecutions for libel, the truth of the 
matters alleged to be libelous may be given in justification. 

Freedom of speech allows the fullest publicity of all pub- 
lic and private affairs, providing always that the truth 
be told. An injurious truth may not be told except for 
a justifiable reason. Slander is malicious defamation of a 
person by means of speech ; libel, by means of written or 
spoken words. 

41. Unreasonable Search or Seizure. — Sec 11. The right 
of the people to be secure in their persons, houses, papers 
and effects, against unreasonable search or seizure shall not 
be violated, and no warrant shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the person or 
thing to be seized. 

It has been said that a man's house is his castle. It may 
not be invaded without a search warrant from a magistrate, 
issued as indicated. 



30 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article I 42. Open Courts. — Sec. 12. All courts shall be open ; and 

every man, for injury done to him, in his person, property 
or reputation, shall have remedy by due course of law. 
Justice shall be administered freely and without purchase ; 
completely, and without denial ; speedily, and without 
delay. 

Every individual may have a public trial for any legal 
injury. But he must await his turn in court. 

InJeop- 43. Rights of the Accused. — Skc. 13. In all criminal 

ardyonce prosecutions the accused shall have the right to a public 
only. trial, by an impartial jury in the county in which the 

offense shall have been committed; to be heard by him- 
self and counsel ; to demand the nature and cause of the 
accusation against hini, and to have a copy thereof; to 
meet the witness face to face, and to have compulsory pro- 
cess for obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for 
the same offense. No person, in any criminal prosecution, 
shall be compelled to testify against himself. 

Sec. 15. No person arrested, or confined in jail, shall be 
treated with unnecessary rigor. 
Excessive Sec 16. Excessive bail shall not, be required. Exces- 

Bail. sive fines shall not be imposed. Cruel and unusual punish- 

ment shall not be inflicted. All penalties shall be propor- 
tioned to the nature of the offense. 

SbO. 17. Offenses, other than murder or treason, shall 
be bailable by sufficient sureties. Murder or treason shall 
not be bailable when the proof is evident, or the presump- 
tion strong. 

If the accused wishes he may have his case sent to an- 
other county for trial. This is called a change of venue. 
If convicted the accused may be tried again, providing he 
can show irregularities to have existed in the first trial. 

44. Reformatory Laws. — Sec. 18. The penal code shall 
be founded on the principles of reformation, and not of vin- 
dictive justice. 

The law may have two objects in view in dealing with 
the criminal. It may seek to punish him for having vio- 



THE CONSTITUTION AND GOVERNMENT 31 

lated the law ; or it may seek to reform him, so that he will Article I 
not commit another crime. In recent years Indiana has 
emphasized the reformation of criminals with most grati- 
fying results. 

45. Trial by Jury. — Sec. 19. In all criminal cases what- 
ever, the jury shall have the right to determine the law and 
the facts. 

Sec. 20. In all civil cases the right of trial by jury shall 
remain inviolate. 

The right of trial by jury was brought from England, 
and may be traced back to our Anglo-Saxon ancestors. In 
Indiana the jury must unanimously agree that the accused 
is guilty before there is conviction. Criminal cases arise 
out of the violation of the law ; civil cases out of a differ- 
ence in the interpretation of the law. 

46. Compensation for Service or Property. — Sec 21. No 

man's particular services shall be demanded without just 
compensation. N~o man's property shall be taken by law 
without just compensation; nor, except in case of the 
State, without such compensation first assessed and ten- 
dered. 

The State may demand the services of its citizens, but 
not without pay. It may appropriate private property, — 
the right of eminent domain, — but it must compensate the 
owner. A private corporation must tender the compensation 
before it can appropriate private property for public use. 

47. Protection to Debtors. — Sec. 22. The privilege of 
the debtor to enjoy the necessary comforts of life shall be 
recognized by wholesome laws, exempting a reasonable 
amount of property from seizure or sale for the payment of 
any debt or liability hereafter contracted ; and there shall 
be no imprisonment for debt, except in case of fraud. 

In order that the individual, or family, may not become 
dependent on the State, debtors who are householders are 






32 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article I permitted to retain the sum of six hundred dollars. In the 
early history of Indiana, as well as in many other States, a 
man could be imprisoned for debt; but now freedom is 
counted more important than debt. However, should an 
individual have the means and refuse to pay a just claim on 
the order of the court, he may be imprisoned. 

48. Equal Privileges. — Sec. 2o. The General Assembly 
shall not grant to any citizen, or class of citizens, privileges 
or immunities which, upon the same terms, shall not equally 
belong to all citizens. 

Sec. 24. No ex post facto law, or law impairing the 
obligation of contract, shall ever be passed. 

There shall be no privileged classes in the State. An 
ex post facto law makes an act criminal which was not 

criminal when committed. With like justice, alter a man 
has entered into a lawful contract the legislature may not 
by law render the contract less valuable to him. 



49. Suspension of Laws. — Si:e. 2."). \o law shall be 

passed, the taking effect of which shall be made to depend 
upon any authority, except as provided in this Constitution. 
Sec. 26. The operation of the laws shall never he sus- 
pended, except by the authority of the General Assembly. 
The Writ Sbc. 27. The privileges of the writ of 1i<ih<-(is corpus 
of Habeas shall not be suspended, except in case of rebellion or inva- 
Corpus. sion, and then only if the public safety demand it. 

The writ of habeas corpus is issued by a judge having com- 
petent authority, commanding the person holding another 

in custody to present him for inquiry into the cause of his 
detention. It prevents false imprisonment and is regarded 
as one of the great bulwarks of personal liberty. 

50. Treason. — Sec 28. Treason against the State shall 
consist only in levying war against it, and giving aid and 
comfort to its enemies. 



THE CONSTITUTION AND GOVERNMENT 33 

Sec. 29. ]S"o person shall be convicted of treason, except Article I 
on the testimony of two witnesses to the same overt act, or 
upon his confession in open court. 

Sec. 30. No conviction shall work corruption of blood or 
forfeiture of estate. 

" Corruption of blood " denied to the convicted criminal 
the right to inherit or transmit property. 

51. The Right of Assembly and Petition. — Sec. 31. No 

law shall restrain any of the inhabitants of the State from 
assembling together, in a peaceable manner, to consult for 
their common good ; nor from instructing their represen- 
tatives ; nor from applying to the General Assembly for 
redress of grievances. 

The right to ask for a redress of grievances, or the right 
of petition, was secured in the old English charters and 
brought to America as a priceless political treasure. The 
Tight to assemble, and freedom of speech, are privileges 
which may easily be abused ; they are merited by a people 
with high political ideals. 

52. Soldiery. — Sec 32. The people shall have a right to 
bear arms for the defense of themselves and the State. 

Sec 33. The military shall be kept in strict subordina- 
tion to the civil power. 

Sec 34. ISTo soldier shall, in time of peace, be quartered 
in any house without the consent of the owner; nor in time 
of war but in a manner to be prescribed by law. 

Despotism has often depended on regular troops, but liberty 
is friendly to citizen soldiery. The safeguard of the Consti- 
tution is here thrown around the militia, though the civil 
authority is supreme. 

53. Slavery. — Sec 35. The General Assembly shall not Titles, 
grant any title of nobility, nor confer hereditary distinc- 
tions. 

Sec 36. Emigration from the State shall not be pro- Emigra- 
hibited. tion. 






34 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article I Sec. 37. There shall be neither slavery nor involuntary 

servitude, within the State, otherwise than for the punish- 
ment of crime, whereof the party shall have been duly con- 
victed. No indenture of any negro or mulatto, made or 
executed out of the bounds of the State, shall be valid within 
the State. 



Laws of 
1810, 54. 



A territorial law permitted slavery in Indiana from 1805 
to 1810 regardless of the Ordinance of 1787. With its re- 
peal a heavy penalty was provided for those who engaged 
in the traffic of slaves. 



Suffrage and Elections 

Article II 54. Qualifications of Electors. — SECTION 1. All elections 

shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by 

this Constitution, every male citizen of the United States, 

of the age of twenty-one years and upwards, who shall have 

resided in the State during the six months, and in thetown- 

[As ship sixty days, and in the ward or precinct thirty days, 

amended immediately preceding such election; and every male of Eor- 

March 14, eign birth, of the age of twenty-one years and upwards, 

1881.] who shall have resided in the United States one year, and 

shall have resided in this State during the six months, and 

in the township sixty days, and in the ward or precinct 

thirty days, immediately preceding such election, and shall 

have declared his intention to become a citizen of the 

United States, conformably to the laws of the United States 

on the subject of naturalization, shall be entitled to vote 

in the township or precinct where he may reside, if he shall 

have been duly registered according to law. 

It will be observed that the terms on which a foreigner is 
admitted to citizenship in Indiana are at variance with the 
laws of Congress, which require a residence in the United 
States of at least five years. Some States require an educa- 
tional qualification; some allow women to vote; but none now 
require a property qualification. 



THE CONSTITUTION AND GOVERNMENT 35 

55. Residence. — Sec. 3. No soldier, seaman or marine, Article II 
in the army or navy of the United States, or their allies, 
shall be deemed to have acquired a residence in this State 
in consequence of having been stationed within the same ; 
nor shall any such soldier, seaman or marine, have the right 
to vote. 

Sec 4. No person shall be deemed to have lost his resi- 
dence in the State by reason of his absence either on busi- 
ness of the State or of the United States. 



Soldiers and sailors are not citizens merely because they 
happen to be stationed within the State. On the other hand, 
a congressman retains his residence though he may have a , 
temporary home in Washington. On leaving the State with 
the intention of finding a home elsewhere, citizenship is lost 
at once. 

Section 5 provided that no negro or mulatto should have 
the right to vote. It was superseded by the Fifteenth Amend- 
ment to the Federal Constitution, and was stricken out of the 
State Constitution by an amendment of 1881. 

56. Disqualifications for Office and Suffrage. — Sec. 6. 
Every person shall be disqualified from holding office during 
the term for which he may have been elected, w T ho shall 
have given or offered a bribe, threat or reward to procure 
his election. 

Sec. 7. Every person who shall give or accept a" chal- 
lenge to fight a duel, or who shall knowingly carry to an- 
other person such challenge, or who shall agree to go out 
of the State to fight a duel, shall be ineligible to any office 
of trust or profit. 

Sec 8. The General Assembly shall have power to de- 
prive of the right of suffrage, and to render ineligible any 
person convicted of an infamous crime. 

Sec 9. JSTo person holding a lucrative office or appoint- 
ment, under the United States, or under this State, shall be 
eligible to a seat in the General Assembly; nor shall any 
person hold more than one lucrative office at the same time, 
except as in this Constitution expressly permitted: Pro- 



36 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article II vided, That offices in the militia, to which there is attached 
no annual salary, and the office of deputy postmaster, 
where the compensation does not exceed ninety dollars per 
annum, shall not be deemed lucrative : And provided, also, 
That counties containing less than one thousand polls may 
confer the office of clerk, recorder and auditor, or any two 
of said offices, upon the same person. 

Sec. 10. N"o person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of 
trust or profit until he shall have accounted for and paid 
over, according to law, all sums for which he may be liable. 

Sec. 11. In all cases in which it is provided that an office 
shall not be filled by the same person more than a certain 
number of years continuously, an appointment pro tempore 
shall not be reckoned a part of that term. 

To vote and to hold office are here regarded as political 

rights to be denied only when undeserved. A premium is 
placed upon honor and honesty by the denial of these rights 
to the unworthy. 



[As 

amended 
March 24, 

1881.] 



57. Electors and Elections. — Sec. 12. In all cases, ex- 
cept treason, felony and breach Of the peace, electors shall 
be free from arrest in going to elect ions, dining their attend- 
ance there, and in returning from the same. 

Sec. 13. All elections by the people shall be by ballot ; 
and all elections by the General Assembly, or by either 
branch thereof, shall be viva voa 

Sec. 14. All general elections shall be held on the first 
Tuesday after the first Monday in November ; but township 
elections may be held at such time as may be provided by 
law: Provided, That the General Assembly may provide by 
law for the election of all judges of courts of general or 
appellate jurisdiction/ by an election to be held for such 
officers only, at which time no other officer shall be voted 
for ; and shall also provide for the registration of all persons 
entitled to vote. 



The freedom of voters from arrest protects them from 
false or frivolous charges of political enemies. A free ex- 
pression at the polls is essential in a free government. 



THE CONSTITUTION AND GOVERNMENT 37 

58. Ballots. — Ballots are printed lists of candidates for Article II 

office in each party. The State supplies the ballots for state B ate , . 

officers. The Governor and two qualified electors from the Election 

two leading political parties constitute a State Board of Elec- . ommis - 
° L L sioners. 

tion Commissioners, whose duty it is to prepare and distrib- 
ute ballots for the election of state officers. These ballots 
contain the names of the candidates, arranged in party col- 
umns. At the head of each column of names is a circle, 
usually containing an emblem of the party. The state 
ballots are printed on red tinted paper. 

The counties provide ballots for the election of county County 

and township officers. These are arranged after the man- " ar< ? of 
1 Election 

ner of state ballots, but the county ballots are printed on Commis- 
white, and the township ballots on yellow, paper. The sloners - 
County Clerk and two electors from the two leading politi- 
cal parties constitute a County Board of Election Commis- 
sioners. 

59. Voting. — Election rooms are opened at six o'clock 
in the forenoon and remain open until four or six o'clock 
in the afternoon. When a voter enters the room he an- 
nounces his name to the poll clerks, who register it and 
give to him the proper ballots and a pencil. The voter 
then retires to an unoccupied booth in the room and marks 
the several ballots as desired. If he wishes to vote a 
straight party ticket he places a cross in the circle at the 
head of that ticket ; otherwise, he makes a cross on the 
square preceding the name of each person for whom he 
wishes to vote. After marking the ballots he folds them 
separately so that the initials of the poll clerks' names may 
be seen, and hands them to the inspector or one of the 
judges. The ballots are then deposited in the boxes in his 
presence. 

Immediately after the hour for closing the election the 



38 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article II unused ballots are counted and burned. The election board 

Counting then coun t s the number of votes for each candidate as 
the Vote. 

revealed by the ballots. The following day the judges of 

the several voting precincts meet, review the certified 

records from each precinct, and announce the result. The 

ballots used in the elections are deposited with the County 

Clerk for a period of six months, after which time they are 

destroyed if there is no contest. 



Distribution of Powers 

Article III 60. The Separate Departments. — SECTION 1. The pow- 
ers of the government are divided into three separate 
departments: the legislative, the executive (including the 
administrative), and tie* judicial; and no person chai 
with official duties under one of these departments shall 
exercise any of the Functions of another except as in this 
Constitution expressly provided. 

The distribution of the powers of state government nat- 
urally follows that of the national government. The three 
branches are related and yet independent, each serving as 
a check on the others. 



The Legislative Depabtment 

Article IV 61. The General Assembly. — SECTION 1. The legislative 
authority of the State shall be vested in a (General Assembly, 
which shall consist of a Senate and House of Representatives. 
The style of every law shall be, " Be it enacted by the Gen- 
eral Assembly of the State of Indiana ; " and no law shall 
be enacted except by bill. 

That department of government which makes laws is 
now considered most important. The General Assembly is 
elected to express the will of the people and it represents 



THE CONSTITUTION AND GOVERNMENT 39 

every section of the State. Its laws, frequently called Acts Article IV 
or Statutes, have force only within the State. 

62. Composition. — Sec. 2. The Senate shall not exceed 
fifty, nor the House of Eepresentatives one hundred mem- 
bers ; and they shall be chosen by the electors of the re- 
spective counties or districts into which the State may, 
from time to time, be divided. 

The number of senators and representatives is now as 
large as the Constitution permits. A larger number would 
be less effective. 

63. Terms of Office. — Sec. 3. Senators shall be elected 
for the term of four years, and representatives for the term 
of two years, from the day next after their general elec- 
tion : Provided, however, That the senators elect, at the 
second meeting of the General Assembly under this Consti- 
tution, shall be divided, by lot, into two equal classes, as 
nearly as may be ; and the seats of senators of the first 
class shall be vacated at the expiration of two years, and 
those of the second class at the expiration of four years ; 
so that one half, as nearly as possible, shall be chosen bien- 
nially forever thereafter. And in case of increase in the 
number of senators, they shall be so annexed by lot, to the 
one or the other of the two classes, as to keep them as 
nearly equal as practicable. 

The division of the Senate into two classes insures the 
presence of some experienced legislators at each session. 

64. Apportionment. — Sec. 4. The General Assembly shall, 
at its second session after the adoption of this Constitution, 
and every sixth year thereafter, cause an enumeration to be 
made of all the male inhabitants over the age of twenty- 
one years. 

Sec. 5. The number of senators and representatives shall, 
at the session next following each period of making such 
enumeration, be fixed by law, and apportioned among the 
several counties, according to the number of male inhab- 
itants, above twenty-one years of age, in each : Provided, 
That the first and second elections of members of the Gen- 



40 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article IV eral Assembly, under this Constitution, shall bo according 
to the apportionment last made by the General Assembly 
before the adoption of this Constitution. 

Sec. 6. A senatorial or representative district, where 
more than one county shall constitute a district, shall be 
composed of contiguous counties; and no county, for sena- 
torial apportionment, shall ever be divided. 

The enumeration of voters is for the purpose of re-dis- 
tricting the State. These districts may not be arranged at 
any other time than at the session following the enumera- 
tion, unless a previous legislature has neglected the oppor- 
tunity. The opportunity is the privilege given the party 
in power to u Gerrymander " the State \ that is, to arrange 
the districts advantageously for the party. Several coun- 
ties may form one district; or, where the population is 
large 1 , as in Marion County, several senators may be el< 
from the same district. (See map.) 

65. Qualifications of Senators and Representatives. — Si < . 

7. No person shall be a senator or a representative, who. at 
the time of his elect ion. is not a citizen of the United States ; 
nor any one who has not been, for two years next preceding 
his election, an inhabitant of this State, and for one year 
next preceding his election, an inhabitant of the county or 

district whence he may be chosen. Senators shall be at 
least twenty-rive, and representatives at least twenty-one 
years of age. 

It will be observed that while the Constitution permits 

those who may not be citizens of the United States to vote 
(Art. II, Sec. 2), it does not permit them to become senators 
or representatives. 

66. Privileges of Legislators. — Sec. 8. Senators and 
representatives, in all cases except treason, felony, and 
breach of the peace, shall be privileged from arrest during 
the session of the General Assembly, and in going to and 
returning from the same ; and shall not be subject to any 




cC V*o<leri Warrick * t P.rry f '" \ 



Political Map of Indiana 

The large figures within heavy boundary lines indicate Congressional Districts. 
Where two small figures occur in any one count}', the lower figure represents the 
number of Senators. 

All other small figures show the number of Eepresentatives. 

The daggers connecting counties represent joint Senators or joint Representatives. 



THE CONSTITUTION AND GOVERNMENT 



41 



civil process during the session of the General Assembly, Article iv 
nor during the fifteen days next before the commencement 
thereof. For any speech or debate in either house, a mem- 
ber shall not be questioned in any other place. 

Freedom of person and speech is necessary to the uninter- 
rupted work of the legislators. 

67. Organization. — Sec. 9. The sessions of the General 

Assembly shall be held biennially, at the capital of the State, 
commencing on the Thursday next after the first Monday of 
January, in the year one thousand eight hundred and fifty- 
three, and on the same day of every second year thereafter, 
unless a different day or place shall have been appointed by 
law. But if, in the opinion of the Governor, the public wel- 
fare shall require it, he may, at any time, by proclamation, 
call a special session. 

Sec. 10. Each house, when assembled, shall choose its 
own officers (the President of the Senate excepted), judge 
the elections, qualifications and returns of its own members, 
determine its rules of proceeding, and sit upon its own ad- 
journment. But neither house shall, without the consent 
of the other, adjourn for more than three days, nor to any 
place other than that in which it may be sitting. 

Sec. 11. Two thirds of each house shall constitute a 
quorum to do business ; but a smaller number may meet, 
adjourn from day to day, and compel the attendance of ab- 
sent members. A quorum being in attendance, if either 
house fail to effect an organization within the first five days 
thereafter, the members of the house so failing shall be en- 
titled to no compensation from the end of the said five days, 
until an organization shall have been effected. 

The Lieutenant-governor is ex officio President of the Officers. 
Senate. The Senate also elects a President }jro tempore 
who presides when the Lieutenant-governor is absent. The 
House of Representatives selects a presiding officer, known 
as the Speaker, from its own membership. The Senate Clerks, 
elects a Secretary and the House of Representatives a 
Clerk, whose duties are to keep the records of each body. 
These clerks appoint assistant clerks in their respective 



42 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article IV houses as follows : a file clerk, a reading clerk, an indors- 
ing clerk, three engrossing clerks, three enrolling clerks, 
one folding clerk, one minute clerk, one journal clerk and 
five copying clerks. Each house has a doorkeeper, with 
assistants. Five pages and one messenger, usually boys, 
serve each house. Each house also has its own postmaster, 
who receives and distributes mail to members and officers. 

At the time of organization the Lieutenant-governor, or 
in his absence the Auditor of State, presides over the Senate. 
In like manner the Secretary of State presides over the 
House of Representatives. From the official returns in 
the office of the Secretary of State is secured a roll of the 
members, to whom the oath of office is administered by one 
of the judges of the Supreme Court. Officers are then 
chosen and the Governor is informed that the ho 
organized. 

68. The Journals. — Sec. 12. Kadi house shall keep a 

journal of its proceedings, and publish the same. The yeas 
and nays, on any question, shall, at the request of any two 

members, be entered, together with the names of the mem- 
bers demanding the same, on the journal: Provided, That 
on a motion to adjourn, it shall require one tenth of the 
members present to order the yeas and na; 

After the journals have been approved by the presiding 
officers they are deposited with the Secretary of State, and 
later printed for general distribution. 

69. Open Sessions. — Sec. 13. The doors of each house, 
and of committees of the whole, shall be kept open, except 
in such cases as, in the opinion of either house, may require 
secrecy. 

When either house wishes to consider a subject with all 
the freedom of an ordinary committee it resolves itself into 
a "Committee of the Whole." The presiding officer may 



THE CONSTITUTION AND GOVERNMENT 43 

call another member to the chair and himself enter into the Article IV 
discussion. When the discussion is ended the committee of 
the whole is dissolved. 

70. Discipline. — Sec. 14. Either house may punish its 
members for disorderly behavior, and may, with the con- 
currence of two thirds, expel a member ; but not a second 
time for the same cause. 

Sec. 15. Either house, during its session, may punish, by 
imprisonment, any person not a member, who shall have 
been guilty of disrespect to the house, by disorderly or con- 
temptuous behavior in its presence ; but such imprisonment 
shall not, at any time, exceed twenty -four hours. 

In addition to the constitutional provisions for discipline 
the General Assembly sometimes finds it prudent to make 
rules restricting the action of " lobbyists," — individuals 
who are not members of either house but who attempt to 
influence legislation through personal agencies. 

71. Law-making. — Sec. 16. Each house shall have all 
powers necessary for a branch of the legislative department 
of a free and independent State. 

Sec. 17. Bills may originate in either house, but may be 
amended or rejected in the other, except that bills for rais- 
ing revenue shall originate in the House of Representatives. 

Sec 18. Every bill shall be read by sections, on three 
several days in each house ; unless, in case of emergency, 
two-thirds of the house where such bill may be depending 
shall, by a vote of yeas and nays, deem it expedient to dis- 
pense with this rule ; but the reading of a bill by sections, 
on its final passage, shall in no case be dispensed with ; and 
the vote on the passage of every bill or joint resolution 
shall be taken by yeas and nays. 

Sec 19. Every act shall embrace but one subject, and 
matters properly connected therewith ; which subject shall 
be expressed in the title. But if any subject shall be em- 
braced in an act, which shall not be expressed in the title, 
such act shall be void only as to so much thereof as shall 
not be expressed in the title. 

Sec 20. Every act and joint resolution shall be plainly 



mittees. 



44 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article IV worded, avoiding, as far as practicable, the use of technical 
terms. 

Sec. 21. No act shall ever be revised or amended by mere 
reference to its title; but the act revised, or section amended, 

shall be set forth and published at full length. 

In law-making one of the cardinal principles to be kept 
in view is clearness of language. The statutes of Indiana 
are not as well written as those of some of the older Stat 
or of the United States, but the Constitution evidently 
means to have them clear. 
Com- AVhen a bill is introduced into either house it is usually 

read by title, and referred to an appropriate committee. 
Most of the work of the Genera] Assembly is performed 
by committees. They may be said to be necessary evils. 

They divide responsibility, prevent unity of action, inert 

opportunities for corruption ; yel without them the Assembly 

could consider only a small fraction of the many bills pro- 
The Pas- posed. A bill maybe rejected at once, or it may not be re- 
ported by the committee to which it is referred; in either 
case it is said to be "killed." If it is reported favorably 
by the committee, with or without amendments, it is tiled 
in order on the presiding officer's desk. When reached 
again in the order of business it is read a second 
time. It is now ready for serious discussion, and may be 
rejected, amended, or recommitted. If considered favorably, 
it is engrossed and referred to a committee which compares 
it carefully with the original bill. It is now ready for the 
third reading, and final consideration. If passed, the en- 
grossed copy is signed by the clerk and transmitted to the 
other house, which considers it in like manner. When ap- 
proved by a majority of the members of both houses it is 
signed by their presiding officers and sent to the Governor 
for his approval or veto. (See Art. V, Sec. 14.) 



sage of a 
Bill. 



THE CONSTITUTION AND GOVERNMENT 45 

72. Special Legislation. — Sec. 22. The General Assembly Article IV 
shall not pass local or special laws in any of the following 
enumerated cases, that is to say : — 

Regulating the jurisdiction and duties of justices of the 
peace and of constables ; 

For the punishment of crimes and misdemeanors ; 

Regulating the practice in courts of justice ; 

Providing for changing the venue in civil and criminal 
cases ; 

Granting divorces ; 

Changing the names of persons ; 

For laying out, opening, and working on, highways, and 
for the election or appointment of supervisors ; 

Vacating roads, town plats, streets, alleys and public 
squares ; 

Summoning and impaneling grand and petit juries, and 
providing for their compensation ; 

Regulating county and township business ; 

Regulating the election of county and township officers, 
and their compensation ; 

For the assessment and collection of taxes for state, 
county, township, or road purposes ; 

Providing for supporting common schools, and for the 
preservation of school funds ; 

In relation to fees or salaries ; except that the laws may 
be so made as to grade the compensation of officers in pro- 
portion to the population and the necessary services re- 
quired ; 

In relation to interest on money ; 

Providing for opening and conducting elections of state, 
county or township officers, and designating the places of 
voting ; 

Providing for the sale of real estate belonging to minors, 
or other persons laboring under legal disabilities, by execu- 
tors, administrators, guardians or trustees. 

Sec. 23. In all the cases enumerated in the preceding sec- 
tion, and in all other cases where a general law can be made 
applicable, all laws shall be general and of uniform operation 
throughout the State. 

Sec. 24. Provisions may be made by general law for 
bringing suits against the State, as to all liabilities originat- 
ing after the adoption of this Constitution; but no special 
act authorizing such suit to be brought, or making compen- 



46 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article IV sation to any person claiming damages against the State, 
shall ever be passed. 



w. w. 

Thornton, 
Indiana 
Magazine 
of His- 
tory, 
Vol. I, 
No. 1. 



Right of 
Protest. 



Under the Constitution of 1816 the statute books of 
the State were filled with special legislation. Every city 
and town was incorporated by special acts of the legislature. 
Schools, libraries, railroads, manufacturing and trading 
companies, planing mills, and "even brass bands were in- 
corporated by private acts of the legislature." In the 
sion of 1845-46 forty divorces were granted by the legislature. 
In some counties prohibitory temperance laws were in force 
while other counties had none. The new Constitution ex- 
plicitly forbids special, or class, legislation. All laws are 
general, and their effect would be uniform if the eondii 
of all communities were uniform. 

A general law providing that all persons having claims 
against the State may sue it is valid; but no law providing 
that a particular person may sue it is valid. 

73. The Publication of Laws. — Si;<. 26. A majority of all 
the members elected to each house shall he necessary to | 
every bill or joint resolution ; and all hills and joint resolu- 
tions so passed shall he signed by the presiding officers of 
the respective houses. 

Sec. 26. Any member of either house shall have the 
right to protest, and to have his protest, with his reasons 
for dissent, entered on the journal. 

Sec. 27. Every statute shall he a public law, unless other- 
wise declared in the statute itself. 

Sec. 28. No act shall take effect until the same shall 
have been published and circulated in the several counties 
of this State, by authority, except in case of emergency ; 
which emergency shall be declared in the preamble or in 
the body of the law. 

After having all the acts of the General Assembly printed 
in book form the Secretary of State sends them to the 
clerks of all counties in the State. The time when the last 



THE CONSTITUTION AND GOVERNMENT 47 

county receives these statutes is proclaimed by the Governor Article IV 
as the exact time of the taking effect of the new laws. 
Acts for which an emergency is declared are given to the 
public through the press. 

74. Compensation of Members. — Sec. 29. The members 
of the General Assembly shall receive Jor their services a 
compensation to be fixed by law ; but no increase of compen- 
sation shall take effect during the session at which such 
increase may be made. Xo session of the General Assembly, 
except the first under this Constitution, shall extend beyond 
the term of sixty-one days, nor any special session beyond 
the term of forty days. 

Sec. ^0. No senator or representative shall, during the ineligi- 
term for which he may have been elected, be eligible to any bility for 
office, the election to which is vested in the General Assem- Certain 
bly, nor shall he be appointed to any civil office of profit, offices - 
which shall have been created, or the emoluments of which 
shall have been increased, during such terms ; but this lat- 
ter provision shall not be construed to apply to any office 
elective by the people. 

The object of the last clause is to free members from 
the temptation of creating offices for their personal benefit. 

The members of both houses receive a compensation of 
six dollars a day while the legislature is in session and 
twenty cents for every mile necessarily traveled in going 
to and from the session. 



The Executive Department 

75. Peculiarities. — Nowhere is the fear of executive Article V 
power, previously mentioned (§ 5), better illustrated than in 
the Constitution of Indiana. A comparison of the state 
executive with that of the Nation reveals striking contrasts. 
The President of the United States has power in keeping 
with that of an English king. He is the only executive 
officer of the federal government who is elected by the 



Article V 



Woodrow 

Wilson's 

The 

State, 

516. 



48 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

people ; other executive officials are appointed by him and 
are responsible to him. The Governor of the State is but 
one of many executive officials elected by the people. The 
other officials are in no sense his cabinet. They are almost 
wholly independent of him and administer their depart- 
ments coordinately with his. While some authority over 
state officers is given to the Chief Executive the public lias 
not grown accustomed to the exercise of it. It has been 
suggested that such a dissipation of power weakens the 
state executive; that if the other state officials were ap- 
pointed by the Governor, unity of action would be secured 
and responsibility better located. On the other hand, the 
Governor's office carries with it certain privileges which 
hark back to the days of executive supremacy. He is 
"Your Excellency." He is subject neither to the le 
1 at ure nor the Supreme Court. For a crime he could not 
be arrested. His power also has been greatly increased in 
the administrative department, and bids fair to be increased 
more in the future. The state executive .shows plainly the 
marks of both the centralizing and the decentralizing in- 
fluences in Indiana history. 

76. The Governor. — SECTION 1. The executive powers of 

the State shall be vested in a Governor. He shall hold his 

office during four years, and shall not be eligible more than 
four years in any period of eight years. 

No Governor has been elected to a second term under 
the present Constitution. Joseph A. Wright was reelected 
while serving out a term under the present Constitution, 
while Oliver P. Morton and Conrad Baker were each elected 
while acting as Governors. 



77. The Lieutenant-governor. — Sec. 2. There shall be a 
Lieutenant-governor, who shall hold his office during four 
years. 



THE CONSTITUTION AND GOVERNMENT 



49 



Aside from the duties enumerated elsewhere, the Lieu- Article V 
tenant-governor is called upon for no official action. He 
need not reside at the capital except in the performance of 
his duties. 

78. Their Election. — Sec. 3. The Governor and Lieu- 
tenant-governor shall be elected at the times and places of 
choosing members of the General Assembly. 

Sec. 4. In voting for Governor and Lieutenant-governor 
the electors shall designate for whom they vote as Governor, 
and for whom as Lieutenant-governor. The returns of every 
election for Governor and Lieutenant-governor shall be 
sealed up and transmitted to the seat of government, di- 
rected to the Speaker of the House of Representatives, who 
shall open and publish them in the presence of both houses 
of the General Assembly. 

Sec. 5. The persons, respectively, having the highest num- 
ber of votes for Governor and Lieutenant-governor, shall be 
elected; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the General 
Assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons Governor or Lieutenant-governor, as the 
case may be. 

Sec. 6. Contested elections for Governor or Lieutenant- 
governor shall be determined by the General Assembly, in 
such manner as may be prescribed by law. 

The person having the highest number of votes is elected, 
whether it be a plurality or majority vote. 

79. Eligibility : Vacancy in Office. — Sec. 7. No person 
shall be eligible to the office of Governor or Lieutenant-gov- 
ernor, who shall not have been five years a citizen of the 
United States, and also a resident of the State of Indiana 
during the five years next preceding his election; nor shall 
any person be eligible to either of the said offices who shall 
not have attained the age of thirty years. 

Sec. 8. No member of Congress, or person holding any 
office under the United States, or under this State, shall fill 
the office of Governor or Lieutenant-governor. 

Sec 9. The official term of the Governor or Lieutenant- Term of 
governor shall commence on the second Monday of January, Office. 



50 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article V in the year one thousand eight hundred and fifty-three; and 
on the same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from 
office, or of his death, resignation, or inability to discharge 
the duties of the office, the same shall devolve on the Lieu- 
tenant-governor ; and the General Assembly shall, by law, 
provide for the case of removal from office, death, resig- 
nation, or inability, both of the Governor and Lieutenant- 
governor, declaring what officer then shall act as Governor'; 
and such officer shall act accordingly until the disability be 
removed or a Governor be elected. 

Sec. 11. Whenever the Lieutenant-governor shall ad 
Governor, or shall be unable to attend as President of the 
Senate, the Senate shall elect one of its own members as 
President for the occasion. 

Should there be no President }>r<> tempore of the Senate at 
the time of the removal of both Governor and Lieutenant- 
governor the Secretary of State is authorized to convene the 
Senate for the purpose of selecting one. The senator thus 
chosen would exercise all the authority of a Governor; but 
neither he nor the Lieutenant-Governor could become the 
actual Governor, since if the disability were removed t lie 
actual Governor would resume his duties. 

Com- 80. Duties of the Governor. — Bec. 12. The Governor shall 

mander- be Commander-in-Chief of the military and naval forces, and 
in-Chief. may call out such forces to execute the laws, <»r to suppn 
insurrection, or to repel invasion. 

The naval forces of the State have never been organized, 
but Governors have on different occasions used the militia 
to execute laws, to maintain order, and once to repel an in- 
vasion. 

Messages. Sec. 13. He shall, from time to time, give to the General 
Assembly information touching the condition of the State, 
and recommend such measures as he shall judge to be ex- 
pedient. 



THE CONSTITUTION AND GOVERNMENT 



>1 



The information given to the General Assembly is in the Article V 
form of a message, read by the Governor in person. He 
may present messages touching the welfare of the State as 
often as he deems it wise, though the legislature may or 
may not follow his advice. 



Bills 

signed 
or vetoed. 



Sec. 14. Every bill which shall have passed the General 
Assembly shall be presented to the Governor ; if he approve, 
he shall sign it, but if not, he shall return it, with his ob- 
jections, to the house in which it shall have originated, 
which house shall enter the objections at large upon its 
journals and proceed to reconsider the bill. If, after such 
reconsideration, a majority of all the members elected to 
that house shall agree to pass the bill, it shall be sent, with 
the Governor's objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by a ma- 
jority of all the members elected to that house, it shall be 
a law. If any bill shall not be returned by the Governor 
within three days, Sundays excepted, after it shall have 
been presented to him, it shall be a law without his signa- 
ture, unless the general adjournment shall prevent its re- 
turn, in which case it shall be a law unless the Governor, 
within five days next after such adjournment, shall file such 
bill, with his objections thereto, in the office of the Secretary 
of State, who shall lay the same before the General Assembly 
at its next session in like manner as if it had been returned 
by the Governor. But no bill shall be presented to the Gov- 
ernor within two days next previous to the final adjourn- 
ment of the General Assembly. 

The vote of the General Assembly by which a bill be- 
comes a law over the Governor's veto varies widely in the 
different States. In some States he is given no veto power: 
in others a three-fifths vote is required. In one State a two- 
thirds vote in the house in which the measure originated, 
and a majority vote in the other house, are required. 

Sec. 15. The Governor shall transact all necessary busi- Transac- 
ness with the officers of government, and may require any tion of 
information in writing from the officers of the adminis- Bllsmess - 



52 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article V trative department, upon any subject relating to the duties 
of their respective offices. 

Sec. 16. He shall take care that the laws be faithfully 
executed. 

Officers of the State must furnish the Governor informa- 
tion concerning their departments, but he may not require 

an opinion of a judge or court. 

Pardoning Sec. 17. He shall have the power to grant reprice 
Power. commutations and pardons, after conviction, for all offenses 
except treason and cases of impeachment, subject to such 

regulations as may l>c provided by law. Upon conviction 
for treason, he shall have power to suspend the execution of 
the sentence until the case shall lie reported to the General 

Assembly at its next meeting, when the General Assembly 
shall either grant a pardon, commute the sentence, direct 

the execution of tin 1 sentence, or grant a further reprieve. 
He shall have power to remit lines and Forfeitures, under 

such regulations as may be pi-escribed by law. and shall 
report to the General Assembly, at its next meeting, each 
case of reprieve, commutation, or pardon granted, and also 
the names of all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several 

amounts remitted: Provided, however, That the General 

Assembly may. by law, constitute a council, to be composed 
of officers Of State, without whose advice and Consent the 

Governor shall not have power to grant pardons, in any 

case, except such as may, by law, be left to his sole 
power. 

The Governor exercises the clemency of the State toward 
condemned persons. A Board of Pardons advises him, but 

he may act independently. A reprieve delays the execu- 
tion of a sentence ; a commutation substitutes a lighter 
penalty ; and a pardon extends complete freedom. 

Fills va- Sec. 18. When, during a recess of the General Assem- 

canciesin bly, a vacancy shall happen in any office, the appointment 

Office. t which is vested in the General Assembly, or when, at 

any time, a vacancy shall have occurred in any other state 



THE CONSTITUTION AND GOVERNMENT 53 

office, or in the office of judge of any court, the Governor Article V 
shall fill such vacancy by appointment, which shall expire 
when a successor shall have been elected and qualified. 

Sec. 19. He shall issue writs of election to fill such 
vacancies as may have occurred in the General Assembly. 

Sec. 20. Should the seat of government become danger- 
ous from disease or a common enemy, he may convene the 
General Assembly at any other place. 

The Governor fills all vacancies in state offices, whether 
the vacancy be caused by the removal of an officer or by 
the creation of a new office. He also issues commissions 
to all state and county officers, justices of the peace, and 
notaries public. 

81. Compensation of Governor and Lieutenant-governor. Duties of 
— Sec. 21. The Lieutenant-governor shall, by virtue of Lieuten- 
his office, be President of the Senate; have a right, when ant-Gov- 
in Committee of the Whole, to join in debate, and to vote ernor - 
on all subjects, and, whenever the Senate shall be equally 
divided, he shall give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive 
for his services a compensation which shall neither be in- 
creased nor diminished during the term for which he shall 
have been elected. 

Sec. 23. The Lieutenant-governor, while he shall act 
as President of the Senate, shall receive for his services the 
same compensation as the Speaker of the House of Eepre- 
sentatives ; and any person acting as Governor shall receive 
the compensation attached to the office of Governor. 

Sec 24 Neither the Governor rior Lieutenant-governor Ineligibil- 
shall be eligible to any other office during the term for ity. 
which he shall have been elected. 

The salary of the Governor is $8000 a year, payable 
quarterly. Earlier in the State's history he was provided 
a residence, and is now given a sum with which to rent 
a home. The official expenses of his office, including the 
salaries of secretaries and clerks, are paid by the State. 

The Lieutenant-governor receives a salary of $1000 



54 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article V annually and eight dollars a day while serving as President 
of the Senate. 

The salaries and terms of state officers are given in a table 
in the Appendix. 

The Administrative Department 

Article VI 82. Elective State Officers. — SECTION 1. There shall be 
elected by the voters of the State, a Secretary, an Auditor, and 
a Treasurer of State, who shall severally hold their offices for 
two years. They shall perform such duties as maybe en- 
joined by law ; and no person shall be eligible to either of 
said offices more than four years in any period of six years. 

It will be observed that this department, entitled "Ad- 
ministrative,"' is in reality a continuation of the Executive 
Department. Since the making of the I lonstitution, provision 
has been made by statute for the following elective state 
officers: Attorney-General, Superintendent of Public In- 
struction, Geologist, and Statistician. Provision has also 
been made by statute for appointive state officers and for 
administrative boards, the several duties of which are men- 
tioned later. 

83. County and Township Officers. — SEC 2. There shall 

be elected in each county, by the voters thereof, at the time 
of holding general elections, a Clerk of the Circuit Court, 
Auditor, Recorder, Treasurer, Sheriff. ( loroner and Surveyor. 
The Clerk, Auditor, and Recorder shall continue in office four 
years; and no person shall be eligible to the office of Clerk, 
Recorder or Auditor more than eight years in any period of 
twelve years. The Treasurer, Sheriff, Coroner and Survey. >r. 
shall continue in office two years ; and no person shall be 
eligible to the office of Treasurer or Sheriff more than four 
years in any period of six years. 

Sec. 3. Such other county and township officers as may 
be necessary, shall be elected or appointed, in such manner 
as may be prescribed by law. 



THE CONSTITUTION AND GOVERNMENT 



55 



Sec. 4. No person shall be elected or appointed as a Article VI 
county officer, who shall not be an elector of the county ; 
nor any one who shall not have been an inhabitant thereof Qualifica- 
duririg one year next preceding his appointment, if the tions. 
county shall have been so long organized ; but if the county 
shall not have been so long organized, then, within the limits 
of the county or counties out of which the same shall have 
been taken. 

The duties of county and township officers are given in 
the chapter on local government. 

84. Residence of Officers. — Sec. 5. The Governor, and 
the Secretary, Auditor, and Treasurer of State, shall, severally, 
reside and keep the public records, books and papers in any 
manner relating to the respective offices, at the seat of gov- 
ernment. 

Sec. 6. All county, township and town officers shall re- 
side within their respective counties, townships and towns, 
and shall keep their respective offices at such places therein, 
and perform such duties as may be directed by law. 

The convenience of the people demands the residence of 
officers at the seat of government. 

85. Impeachment of Officers. — Sec 7. All state officers 
shall, for crime, incapacity or negligence, be liable to be 
removed from office, either by impeachment by the House of 
Representatives, to be tried by the Senate, or by a joint resolu- 
tion of the General Assembly ; two thirds of the members 
elected to each branch voting, in either case, therefor. 

Sec 8. All state, county, township and town officers 
may be impeached, or removed from office in such manner 
as may be prescribed by law. 



The Governor may arrest and suspend other state officers Revised 
for official misconduct. %££*"' 

86. Vacancies in Local Offices. — Sec 9. Vacancies in 
county, township and town offices shall be filled in such 
manner as may be prescribed by law. 



56 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Deposi- 
tories. 



Article VI Vacancies in the elective offices of the county and town- 
ship are filled by the County Commissioners; in appointive 
offices by the original appointing power. Town councils, or 
trustees, have the right to fill vacancies in the towns. 

87. Local Administrative Power. — Sec. 10. Tin 4 General 

Assembly may confer upon the boards doing county business 

in the several counties, powers of a local Administrative 
character. 

The difference between the relation of County to State 
and of State to Nation is here evident. Instead of receiv- 
ing power from the Counties, as the Federal government 
did from the States. the State, through the Genera] Assem- 
bly, confers power on the Counties. 

All officers in the State having charge of public funds 
must deposit the same in specified places, where they may 
earn interest for the public. 

88. The Secretary of State. — The duties of this officer are 
performed through the bureaus of public affairs, public print- 
ing and stationery, corporations, and statistics. In public af- 
fairs he attests the signature of the Governor and affixes the 
seal of the State to all public documents. He has charge of 
the public printing and the distribution of public documents. 
Corporations doing business in the State are required to file 
their articles of incorporation with him. He makes an an- 
nual report containing statistical matter of importance to 
the Governor. In brief, his office is the public record office 
of the State and his duties the making and keeping of 
-records. 

89. The Auditor of State. — The Auditor is the public 
accountant or bookkeeper of the State. He audits all ac- 
counts between the State and the United States, between 
the State and other States, and between the State and 
Comities. He reports to eacli General Assembly the receipts 



THE CONSTITUTION AND GOVERNMENT 57 

and expenditures of the State and makes an estimate of the Article VI 
expenditures for the intervening years. He inquires into 
the stability of state banks, insurance companies, building 
and loan associations, and other similar corporations doing 
business with the public. 

90. The Treasurer of State. — The Treasurer is the keeper 
of the State's money. He must execute a bond to be ap- 
proved by the Governor, in the penal sum of 8700,000, with 
twenty or more good sureties. He can receive no money 
except through a draft from the Auditor of State, and he 
must deposit, not loan, the money received. He must make 
monthly statements of the amount of money in each partic- 
ular fund. His accounts may be inspected at any time by a 
skilled accountant appointed by the Governor or General 
Assembly. 

91. The Attorney-General. — The office of Attorney-Gen- 
eral was not created until 1855, although Indiana as a ter- 
ritory had such an officer. He is attorney for the State and 
state officials, prosecuting or defending as occasion demands, 
or rendering opinions to state officials or the General As- 
sembly concerning the validity or construction of any law. 
He also collects unpaid money due the State. 

92. Superintendent of Public Instruction. — The duties of 
this officer involve the general supervision of school work 
in the State. He is ex officio a member of the State Board 
of Education. He is elected on a party ticket for a term of 
two years. With the development of educational interests 
there is a growing sentiment in favor of divorcing the office 
entirely from politics. (§ 118.) 

93. The State Geologist. — The law demands that the 
State Geologist should be a man " skilled in geology and 
natural sciences." His chief service is in presenting to the 
people the natural resources of the State. The results of his 



58 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article VI 



Rawles's 
Centraliz- 
ing Tend- 
encies in 
Indiana, 
Chap. VII. 



State 
Librarian. 



investigations are given in annual reports, often of great 
value. He is also curator of the state museum, made up of 
natural history specimens and war relics. 

94. The State Statistician. — The office of the State Statis- 
tician was established in 1879. Its purpose is to collect and 
present to the public statistical information on agriculture, 
mining, manufacturing, commerce, education, labor, social 
conditions, and other kindred interests of the State. The 
bureau has power to enforce its demand for the information 
desired. 

95. The Extension of Administration. — It is evident that 
as population increases t lie functions of government must be 
extended. This is particularly true of the Administrative 
Department. In the days of sparse settlements, and of 
blazed paths of communication between those settlements, 
it little concerned one community what the economic and 
social conditions were in another. But with the rapid in- 
crease of population and development of new interests lias 
come an interdependence of communities and individuals 
not dreamed of by the makers of our Constitution. The 
extension of the Administrative Department has been 
noticed in the number of elective state officers added to the 
list provided for in the Constitution. It remains to notice 
the additional appointive officers and boards of control, by 
which administrative functions have been greatly extended. 
The aggressive student of state history will watch with keen 
interest the future extension of state authority, which now 
bids fair to centralize around the Chief Executive. 

96. Appointive State Administrative Officers. — A State 
Librarian is appointed by the State Library Board, and has 
charge of the collection, preservation, and distribution of 
books and documents of interest to the people. 

A Commissioner of Fisheries is appointed by the Governor 



THE CONSTITUTION AND GOVERNMENT 59 

for a term of two years. His duties are to ascertain and Article VI 

enforce means for the protection and propagation of fish ^ ommis - 

x x x o sioner of 

and game. Fisheries. 

There is appointed by the Governor a Chief Inspector, Chief in- 
who inquires into the safety of public buildings, the sanita- spec or * 
tion of food-rjroducing houses ; and who also grants author- 
ity to inspectors of appliances used by the public. 

An Inspector of Mines is appointed by the State Geologist Mine in- 
to increase the mining interests of the State. spec or * 

A Chemist is appointed to inspect foods and drugs : to State 
analyze fertilizers used on soils, and other products used by emist - 
the public. 

An Inspector of Oils is appointed by the Governor to pro- Oil in- 
tect the people in the purchase of various oils offered for sale. s P ector * 

A State Veterinarian, appointed by the Governor, protects State 
the health of domestic animals and prevents the spread of r i|n e . rma " 
infectious diseases among them. 

The recent discovery of the San Jose scale, and other in- State 
sects injurious to trees, has called for the Governor's ap- ffi s t ° m0 °" 
pointment of a State Entomologist. This officer inspects 
the nurseries of the State and requires the destruction of 
pests harmful to trees or plants. 

Notaries Public, generally considered local officers, are Notaries 
commissioned by the Governor and have jurisdiction any- Publlc - 
where within the State. 

97. State Boards of Administration. — If the duties of the 
state officials considered reveal the State's interest in the 
welfare of its citizens, the Boards of Administration reveal 
a more searching desire on the part of the State to aid its 
people. The Boards of Administration are humanitarian 
in spirit. Most of them are directly concerned with the 
elevation of humanity, the character of citizenship, and the 
happiness of living. 



60 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article VI 



Pamphlet, 
The Devel- 
opment of 
Public 
Chari- 
ties in 
Indiana, 



Board of 

Health. 



The State 
Board of 
Educa- 
tion. 



Boards of 
Institu- 
tions for 
Higher 
Educa- 
tion. 



98. The Board of State Charities. — The Board of State 
Charities, appointed by the Governor, has supervision over 
the whole system of public charities of the State. Its duties 
are defined as follows : — 

To see that every inmate of every public institution receives proper 
care ; to see that the public funds arc properly expended ; to see that 
the institutions are properly conducted j to see that the management 

is protected from unjust criticism. 

It has secured the removal of the institutions from party 
politics; created a reformatory for men, with indeterminate 
sentence and parole laws; separated girls from women in 
prison; secured the removal of children from poor asylums, 
and made provisions for others who are truants or depend- 
ents. So beneficial has been the work of this Board that 
one legislature passed thirty-five separate acts in resp 
to its call. 

99. The State Board of Health. — The State Board of 
Health LS composed of live members, one of whom is a skilled 
physician, known as the Secretary, <>r State Health Officer. 
By the enforcement of sanitary regulations this Board is 
exerting a most helpful influence in the preservation of 
public health. It also supervises the registration of births, 
deaths, and marriages. The State also maintains a labora- 
tory of hygiene and a bacteriological department. 

ioo. Educational Boards. — The State Board of Education 
consists of the Governor, Superintendent of Public Instruc- 
tion, the Presidents of the three state institutions for higher 
education, the Superintendents of the three largest city 
schools in the State, and three other members appointed by 
the Governor. This Board administers the school system 
of the State, prescribing the course of study, and regulating 
the choice of teachers and of texts. A Board of Trustees, 
selected by the State Board of Education and the alumni 



THE CONSTITUTION AND GOVERNMENT 61 

residents of the State, is given the management of the State Article VI 

University at Bloomington. Similar Boards, appointed by 

the Governor, have charge of the State Agricultural and 

Technical School at Lafayette and the State Xormal School 

at Terre Haute. An Institution for the Education of the Schools 

Blind, and another for the Education of the Deaf, both *° r t V e , 

7 _ Blind and 

located at Indianapolis, have Boards of Control appointed by Deaf, 
the Governor. 

101. Boards of Benevolent Institutions. — Two Boards, in School for 
each of which there is a woman, have charge of the School Z^} 6 ] 

° Minded 

for Feeble-Minded Youth at Fort Wayne and the Home for Youth. 

Orphans of Soldiers and Sailors at Knightstown. The Home for 

Governor appoints five Boards of Control for the five Insane o/g^iers 

Hospitals, located at Indianapolis, Evansville, Eichmond, and 

Logan sport, and North Madison. A village for epileptics, 

Insane 

near Newcastle, is managed by a Board appointed by the Hospitals. 

Governor. A Board of five members is also appointed by Village 

him for the supervision of a Hospital for the Treatment of .? r pi ep ~ 

Tuberculosis. 

102. Boards of Penal and Reformatory Institutions. — The State 
Governor appoints a Board of Control for the State Prison f' rison and 

x x t Kelorma- 

at Michigan City, and another for the State Beformatory tory. 

at Jeffersonville. The Boys' School for Juvenile Offenders, Reform 

located at Plainfield, and a similar school for girls, located Schools 

7 ° ; for Boys 

near Indianapolis, are controlled by Boards appointed by and Girls. 
the Governor. The Board in Control of the Girls' School is 

composed of women, as is a similar board which has control Women's 

of the Women's Prison at Indianapolis. The Governor Prison - 

appoints a Board to assist him in examining petitions from ^ Board 

convicted criminals for clemency. dons. 

103. Boards of Examination. — A Board examines and Physi- 
grants certificates to those entitled to practice medicine in ^ an jV 
the State. Another performs the same duty to the State Nurses. 



62 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article VI 
Embalm- 
ers. 
Veteri- 
narians. 
Opticians. 
Pharma- 
cists. 

Labor and 
Capital. 



Railways. 



Elections 
and Vot- 
ing Ma- 
chines. 

Taxation. 



Agricul- 
ture. 



Forestry. 



with reference to those who would practice dentistry. 
Similar boards examine those who would practice as trained 
nurses, or as embalmers, or practice in veterinary medicine, 
or in optometry. Pharmacists must secure certificates from 
a Board of Examination. These Boards are all appointed 
by the Governor. 

104. Boards of Commissioners. — With the approval of 
the Senate the Governor appoints a Commission, represent- 
ing the interests of labor and capital, to act as a means of 
arbitration between these interests. Another Commission 
is charged with the regulation of railway service in the 
State. Election Commissioners have charge of the distribu- 
tion of ballots for state elections, while another Commission 

inspects the efficiency of voting machines before they may 

be used. The equalization of taxes on property in the State 
is an important duty, assigned t<> a Board <»f Tax Commis- 
sioners, of which the Secretary of State is chairman. This 
Board also regulates the forms of taxation ami invest i,- 

the paymenl of the same. 

105. Boards of Agriculture and Forestry. — The State 

Board of Agriculture is a semi-public corporation but is 

deemed of sufficient value to the public to receive state aid. 

Other private organizations assisted by the State beca 

of their public worth are the Horticultural Society, tin 1 
Dairymen's Association, the Florists' Association, and the 
Academy of Science. 

A Board of Forestry has as its duty the preservation and 
renewal of timber lands. Two thousand acres of land in 
the south part of the State have been purchased, to be used 
as a Forest Reservation and Experiment Station. The 
object lessons from this reservation will result in the plant- 
ing of forests elsewhere, and will bring to the State untold 
wealth and beauty. 



THE CONSTITUTION AND GOVERNMENT 63 



The Judicial Department 

106. Organization. — Section 1. The judicial power of Article VII 
the State shall be vested in a Supreme Court, in Circuit 
Courts, aud in such other courts as th'e General Assembly 

may establish. 

The General Assembly has provided for Appellate, Police, 
and Mayors' Courts ; and has made the court of Marion 
County a Court of Claims. 

107. The Supreme Court. — Sec 2. The Supreme Court 
shall consist of not less than three, nor more than five 
judges ; a majority of whom shall form a quorum. They 
shall hold their offices for six years, if they so long behave 
well. 

Sec 3. The State shall be divided into as many districts 
as there are judges of the Supreme Court, and such districts 
shall be formed of contiguous territory, as nearly equal in 
population as, without dividing a county, the same can be 
made. One of said judges shall be elected from each dis- 
trict, and reside therein; but said judge shall be elected by 
the electors of the State at large. 

Sec 4. The Supreme Court shall have jurisdiction, coex- 
tensive with the limits of the State, in appeals and writs of 
error, under such regulations and restrictions as may be 
prescribed by law. It shall also have such original juris- 
diction as the General Assembly may confer. 

Sec 5. The Supreme Court shall, upon the decision of 
every case, give a statement in writing of each question 
arising in the record of such case, and the decision of the 
Court thereon. 

Sec 6. The General Assembly shall provide by law for 
the speedy publication of the decisions of the Supreme 
Court, made under this Constitution, but no judge shall be 
allowed to report such decision. 

Sec 7. There shall be elected by the voters of the State, 
a Clerk of the Supreme Court, who shall hold his office four 
years, and whose duties shall be prescribed by law. 

The Supreme Court is composed of five judges, each 
serving in succession as Chief Justice. Two terms of court 



64 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article VII are held each year, beginning on the fourth Mondays of 
May and November. The purpose of the Court is not to 
try original cases, but to review the law and evidence of 
cases first tried in the lower courts. It may affirm, amend, 
or reverse the decision of a lower court. The judgment of 
the Court is that of a majority of the judges, and is final 
unless it involves the Constitution or Laws of the United 
States. 
The Ap- The Appellate Court, consisting of six judges elected 

Court 6 for a term of six years, relieves the Supreme Court of some 

of its burdens. The Court sits in two divisions of three 

judges each, thus doing the business of two separate courts. 
Certain eases may be transferred or appealed from it to the 
Supreme Court. 

108. Circuit Courts. — BBC. 8. The Circuit Courts shall 
eaeh consist of one judge, and shall have such civil and 
criminal jurisdiction as may he prescribed by law. 

SEC. 9. The State .shall, from time to time, he divided 
into judicial Circuits, and a judge tor each circuit shall he 
elected by the voters thereof. lie shall reside within the 
circuit, and shall hold his office for the term of six y< 

if he so long behave well. 
Sec. 10. The General Assembly may provide, by law, thai 

the judge of one circuit may hold the courts of another cir- 
cuit, in cases of necessity or convenience: and in Oafi 
temporary inability of any judge, from Bickness or other 
cause, to hold the courts in his circuit, provisions may he 

made, by law, for holding such courts. 

At present there are sixty-two districts, designated by 
number, in the State. Four terms of court are usually held 
in each district annually, the length of term depending on 
the number of counties in the district and the amount of 
business to be adjusted. Circuit Courts have original juris- 
diction in all civil and criminal cases, except minor actions 
assigned by law to Justices of the Peace. They have appel- 



THE CONSTITUTION AND GOVERNMENT 65 

late jurisdiction in all cases appealed from City Courts, Article VII 
Commissioners' Courts, or Justices of the Peace. They also 
have authority in all cases of adjudication not provided for 
by statute. Power is given the Courts for the enforcement 
of their own decrees. 

In the more densely populated counties it has become 
necessary to provide extra courts for the relief of Circuit 
Courts. Thus Marion County has three judges of what is 
termed the Superior Court. In nearly all respects the Su- Superior 
perior Court's are like Circuit Courts ; but that of Marion ourts - 
County is also made a Court of Claims, wherein suits may a Court of 
be brought against the State. "When such claim is found Claims - 
to be valid the appropriation for its satisfaction may be 
made by the General Assembly only. 

In the more populous cities, Criminal Courts, having gen- Crimiual 
eral jurisdiction over all kinds of criminal actions, have ourts - 
been organized. Juvenile Courts in the largest cities, and Juvenile 
the judge of the Circuit Court in smaller ones, have charge Courts - 
of delinquent boys and girls under the ages of sixteen and 
seventeen respectively. 

The Mayors of cities may hold Courts having jurisdiction Mayors', 
in minor civil and criminal cases, usually consisting of p 1 ^' an 
violations of city ordinances. In cities of five thousand Courts, 
inhabitants, City Courts may take the place of Mayors' 
Courts, while in the larger cities Police Courts serve the 
purposes of both. 

109. Prosecuting Attorney. — Sec. 11. There shall be 
elected, in each judicial circuit, by the voters thereof, a 
prosecuting attorney, who shall hold his office for two years. 

Sec. 12. Any judge or prosecuting attorney, who shall 
have been convicted of corruption or other high crime, may, 
on information in the name of the State, be removed from 
office by the Supreme Court, or in such other manner as may 
be prescribed by law. 



G6 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article VII It is the duty of the Prosecuting Attorney to institute 
proceedings against all violators of state laws within his 
circuit and to defend the counties comprising his circuit in 
all suits brought against them. 

110. Compensation. — Sec. 13. The judges of the Supreme 
Court and Circuit Courts shall, at stated tim< ive a 

compensation, which shall not be diminished during their 
continuance in office. 

The annual salary of the judges of the Supreme Court is 
$6000. Judges of Circuit Courts receive $2500, and in 

cities of 30,000 inhabitants may receive $1500 additional, 
annually. 

111. Justices of the Peace. — Sir. 11. A competent num- 
ber Of justices of the peace shall he elected by the voters in 
each township in the several counties. They shall continue 
in office tour years, and their powers and duties shall he 
prescribed by law. 

Each township is entitled to one .Justice of the Peace, and 
at the discretion of the County Commissioners may have 
more. Minor civil and criminal cases are heard in these 
courts. 

112. The Grand Jury. — SBC. 16. All judicial officers shall 

be conservators of the peace in their respective jurisdic- 
tions. 

Sec 16. No person elected to any judicial office shall, 
during the term for which he shall have been elected, be 
eligible to any office of trust or profit under the State, other 
than a judicial office. 

Sec. 17. The General Assembly may modify or abolish the 
grand jury system. 

The Grand Jury consists of six substantial citizens, who 
shall " diligently inquire and true presentment make, of all 
felonies and misdemeanors committed or triable in the 
county." (A felony is a crime punishable with death or 



THE CONSTITUTION AND GOVERNMENT 



07 



imprisonment in the state jjrison 5 all other offenses are termed Article VII 
misdemeanors.) The Grand Jury not only inquires into the 
violations of laws in general, but inspects and reports the 
condition of charitable and penal institutions in the county. 

113. Revision of Laws. — Sec. 18. All criminal prosecu- 
tions shall be carried on in the name, and by the authority 
of the State; and the style of all processes shall be " The 
State of Indiana." 

Sec. 19. Tribunals of conciliation may be established, Courts of 
with such powers and duties as shall be prescribed by law; Conciliar 
or the powers and duties of the same may be conferred tion - 
upon other courts of justice; but such tribunals or other 
courts, when sitting as such, shall have no power to render 
judgment to be obligatory on the parties unless they volun- 
tarily submit their matters of difference and agree to abide 
the judgment of such tribunal or court. 

Sec. 20. The General Assembly, at its first session after 
the adoption of this constitution, shall provide for the ap- 
pointment of three commissioners, whose duty it shall be 
to revise, simplify and abridge the rules, practice, plead- 
ings and forms of the courts of justice. And they shall 
provide for abolishing the distinct forms of action at law 
now in use; and that justice shall be administered in a 
uniform mode of pleading, without distinction between law 
and equity. And the General Assembly may, also, make it 
the duty of said commissioners to reduce into a systematic 
code the general statute law of the State ; and said commis- 
sioners shall report the result of their labors to the General 
Assembly, with such recommendations and suggestions, as 
to the abridgment and amendment, as to said commissioners 
may seem necessary or proper. Provision shall be made by 
law for filling vacancies, regulating the tenure of office and 
the compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a Lawyers, 
voter, shall be entitled to admission to practice law in all 
courts of justice. 



The new civil and criminal codes presented by the com- 
missioners of revision brought about a legal reformation in 
Indiana. The legislature reserved the right to revise the 



68 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article VII entire body of laws, and many fictions and technicalities 
which made the practice of law cumbersome have been elimi- 
nated. 

114. Court Officers. — The Clerk of the Circuit Court, 
known also as County Clerk, keeps the records of the Court 
and administers oaths. The Sheriff executes the orders of 
the Court. A Constable in like manner serves each Justice 
of the Peace. A stenographer is usually appointed in cir- 
cuit Courts, to make a record of the proceedings of each 
trial. 

Education 

Article 115. General Provisions. — SECTION 1. Knowledge and 

vin learning generally diffused throughout a community, being 

essential to the preservation of a tree government, it shall 
be the duty of the General Assembly to encourage, by all 

suitable means, moral, intellectual, scientific and agricul- 
tural improvement, and to provide by law for a general and 

uniform system of common schools, wherein tuition shall be 

without charge, and equally open to all. 

The diffusion of knowledge and Learning as contemplated 

in the foregoing section is the most profound bit of political 
wisdom in the Constitution. Nor is there any other sub- 
ject upon which the people are so unanimously agreed, uor 

for which they are so willingly taxed. 

Under the former Constitution there was a general and a 
local system of schools and, being somewhat antagonistic, 
neither flourished. Now we have one general system, 
supported by the State and the local community. This 
system provides for an elementary course of eight yeai 
secondary or high school course of four years, one institution 
for " higher education/' one for "scientific and agricultural 
improvement," and one for the professional trainin 
teachers. Thus the State provides for the complete cycle 




• 



n^. mm 

I 



St. Francis Xayier Cathedral, Vincennes 



The only church building in Indiana during- the latter half of the eighteenth cen- 
tury. First building erected in 1749. Present structure erected in 1S26. 



THE CONSTITUTION AND GOVERNMENT 



69 



of education of its citizens, from the kindergarten to the Article 
university and training school. In addition the State has 
many private and denominational schools which have ren- 
dered inestimable service to the commonwealth in the cause 
of education. 



116. School Funds and Revenues. — Sec. 2. The Common 
School Fund shall consist of the Congressional Township 
Fund, and the lands belonging thereto ; 

The Surplus Re venue Fund ; 

The- Saline Fund, and the lands belonging thereto; 

The Bank Tax Fund, and the fund arising from the one 
hundred and fourteenth section of the charter of the state 
bank of Indiana ; 

The fund to be derived from the sale of county semina- 
ries, and the moneys and property heretofore held for such 
seminaries ; from the fines assessed for breaches of the 
penal laws of the State; and from all forfeitures which may 
accrue ; 

All lands and other estate which shall escheat to the 
State for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to 
the State, where no special purpose is expressed in the 
grant, and the proceeds of the sales thereof; including 
the proceeds of the sales of the swamp lands granted to 
the State of Indiana by the act of Congress, of the 28th of 
September, 1850, after deducting the expense of selecting 
and draining the same ; 

Taxes on the property of corporations that may be as- 
sessed by the General Assembly for common school purposes. 

By the Constitution the Common School Fund is a con- The Con- 
solidation of the Congressional Township Fund and all y^°j^ 
other funds. By statute the Congressional Township Fund. 
Fund is separated from the remaining funds, which are 
known as the Common School Funds. The former has 
been derived from the sale of congressional township school 
lands, given to the State for that purpose at the time of its 
admission to the Union. This fund, exclusive of over one 



70 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article 
VIII 

The Sur- 
plus Rev- 
enue 
Fund. 



Saline 
Fund. 

Bank Tax 
Fund. 



The Sink- 
ing Fund. 



Seminary 
Fund. 



School 
Taxes. 



Annual 
Amount. 

Appor- 
tionment. 



thousand acres yet unsold, amounts to $2,500,000. (See 
Section 6 of Enabling Act, Appendix.) 

The Surplus Revenue Fund is Indiana's portion ($860,25 I | 
of the United States revenue distributed among the States 
in 1836. This is virtually a loan and must be returned to 
the federal government if called for. 

The Saline Fund (about $ 85,000) arose from the sale of 
salt springs and lands as provided for in the Enabling Act 

It was provided in ltt:J4 that all shares of the State Bank 
not owned by the State should pay an annual tax of \2\ 
cents, to be given to the School Fund. The amount thus 
secured was $80,000. 

• The Sinking Fund is a balance left the State after its 
participation in the ownership of stock in the State Bank. 
From it the School Fund secured s 1,255,731, 

By provision of the Constitution of 1816 county semi- 
naries were established and supported by public money. 
With the adoption of the present Constitution and the re- 
organization of the school system the seminaries were sold and 
the proceeds, over $100,000, were turned oven* to the State. 
The additional funds, derived from other sources as provided, 
make a Common School Fund which, exclusive of the Con- 
gressional Township Fund, amounts to about $8,300,000. 

The State levies a tax of 60 cents on every taxable 
person, and 13.G cents on every 8100 worth of taxable 
property, for school purposes. Local communities also 
assess a tax for tuition and another for special school 
purposes, the former to be used exclusively in the pay- 
ment of teachers and the latter for school supplies of 
all kinds. The revenues thus secured, together with the 
interest on the perpetual fund, and returns from liquor 
licenses, unclaimed witness fees, and fines, amount to 
$11,000,000 annually. The state revenues are appor- 



THE CONSTITUTION AND GOVERNMENT 71 

tioned semi-annually to the counties, which in turn apportion Article 
them to their school corporations upon the basis of the vm 
enumeration of school children. 

117. Permanency of the School Fund. — Sec. 3. The prin- 
cipal of the Common School Fund shall remain a perpetual 
fund, which may be increased, but shall never be dimin- 
ished ; and the income thereof shall be inviolably appropri- 
ated to the support of common schools, and to no other 
purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe 
and profitable manner, all such portions of the Common 
School Fund as have not heretofore been intrusted to the 
several counties ; and shall make provisions, by law, for the 
distribution, among the several counties, of the interest 
thereof. x 

Sec. 5. If any county shall fail to demand its propor- 
tion of such interest for common school purposes, the same 
shall be reinvested for the benefit of such county. 

Sec. 6. The several counties shall be held liable for the 
preservation of so much of the said fund as may be in- 
trusted to them, and for the payment of the annual interest 
thereon. 

Sec. 7. All trust funds held by the State shall remain in- 
violate, and be faithfully and exclusively applied to the pur- 
poses for which the trust was created. 

The principal of the Common School Fund, including 
the Congressional Township Fund, amounts to about 
$11,000,000. This is distributed among the counties of 
the State and, through their Auditors, is loaned to the 
people. 

118. Superintendent of Public Instruction. — Sec 8. The 

General Assembly shall provide for the election, by the 
voters of the State, of a State Superintendent of Public In- 
struction, who shall hold his office for two years, and whose 
duties and compensation shall be prescribed by law. 

The educational progress of the State of Indiana may be 
read in the work of its Superintendents of Public Instruc- 



72 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article 
VIII 



tion (§ 92). The State Board of Education, County and City 
Superintendents, the press, the legislature, the private and 
denominational schools, have all exercised a potent influence 
in the development of the public school system ; but the 
initiative, the organization, and direction of forces have 
fallen to the lot of the Superintendents of Public Instruc- 
tion. Under their general supervision the progress of 
education has been marked by the following steps: a con- 
servation of school funds; better buildings and equipment ; 
compulsory education for children between the ages of 
seven and fourteen; a minimum school term; a minimum 
wage law; consolidation of schools, and the development 
of a public school spirit not measured in terms of words. 



State Institutions 

Article IX 119. The Care of Defectives. — SECTION 1. It shall be 

the duty of the General Assembly to provide by law tor the 
support of institutions for the education of the deaf and 
dnnil), and of the blind; and, also, for the treatment of the 
insane. 



Schools for the deaf and dumb and tin 1 blind are not 
charitable institutions but a part of the educational system 
of the State. 

An institution for the blind was established in Indian- 
apolis as early as 1847. A school for the deaf and dumb is 
located in the same city. A certificate from a Justice of 
the Peace secures admission to either of these schools, in 
which considerate treatment and excellent instruction are 
given. A school for feeble-minded yonth is located near 
Fort Wayne. The State provides five hospitals for the in- 
sane (§ 10). An oath before a Justice of the Peace declaring 
insanity, followed by an examination, and an order from 



THE CONSTITUTION AND GOVERNMENT 73 

the County Clerk, are the steps by which an unfortunate is Article IX 
placed in one of these institutions. Unfortunately, a per- 
son pronounced incurable in either of the insane hospitals 
may be returned to the county from which he was sent, to 
be placed at last in the county poor asylum. 

120. Correctional Institutions. — Sec. 2. The General As- 
sembly shall provide houses of refuge for the correction and 
reformation of juvenile offenders. 

A School for Incorrigible Boys is located at Plainfield. 
Upon complaint and proof that a boy under sixteen years 
of age is ungovernable the judge of the Circuit Court may 
send him to this correctional institution, to be transferred 
to the Men's Keformatory at the age of seventeen if still in- 
corrigible, or to be paroled on good behavior. A similar 
School for Incorrigible Girls under the age of seventeen is 
located near Indianapolis. In 1897 the prison at Jefferson- 
ville became a reformatory, where, under indeterminate sen- 
tences, are confined all " male prisoners found guilty of a 
felony other than treason or murder in the first or second 
degree, and who are more than sixteen and less than thirty 
years of age." 

121. County Poor Farms. — Sec. 3. The County Boards 
shall have power to provide farms as an asylum for those 
persons who, by reason of age, infirmity or other misfor- 
tune, have claims upon the sympathies and aid of society. 

The County Poor Farm, or asylum, is the guarantee 
against starvation which the State makes to all its citizens, 
however unfortunate or degraded they may have become. 
Township trustees alone have authority to remove unfortu- 
nates to the Poor Farm. The able-bodied inmates are re- 
quired to work, and since 1897 children have not been 
maintained in these county institutions. 



74 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Finance 

Article X 122. Taxation. — Section 1. The General Assembly shall 
provide, by law, for a uniform and equal rate of assessment 
and taxation; and shall prescribe such regulations as shall 
secure a just valuation for taxation of all property, both 
real and personal, excepting such only for municipal, edu- 
cational, literary, scientific, religious or charitable purposes, 
as may be specially exempted by law. 

The right to tax its citizens is one of the highest preroga- 
tives of any government, and can be justified only when 
the public is aided by the taxation. Indiana as a State 
engages in no industry from which it may derive an in- 
come. Its expenses, therefore, must be met by those who 
receive its benefits and enjoy its protection. To meet the 
expenses of the State, as estimated by its Auditor, the 
General Assembly requires that a certain number of cents 
on every hundred dollars' worth of taxable property be paid 
into the State Treasury. It also a a nominal sum, 

known as a poll-tax, on all voters under fifty years oi 
The State exempts the following property from taxation: 
school and church property ; property of the United Sta 
property of any county, township, town or city; property 
or endowments for charitable purposes; cemeteries; bonds 
of state or municipal corporations. 

In addition to the tax levied by the State another may be 
levied by the County, another by the Township, another by 
the City or Town; so that the taxes of a citizen may easily 
grow burdensome. 

123. Application of Revenues. — Sec. 2. All the revenues 
derived from the sale of any of the public works belonging 
to the State, and from the net annual income thereof, and 
any surplus that may, at any time, remain in the Treasury 
derived from taxation for general state purposes, after the 



THE CONSTITUTION AND GOVERNMENT 75 

payment of the ordinary expenses of the government, and Article X 
of the interest on bonds of the State, other than bank bonds, 
shall be annually applied, under the direction of the General 
Assembly, to the payment of the principal of the public 
debt. 

Sec. 3. No money shall be drawn from the treasury but 
in pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and ex- 
penditures of the public money shall be published with the 
laws of each regular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, 
on behalf of the State, except in the following cases : To 
meet casual deficits in the revenue ; to pay the interest on 
the state debt ; to repel invasion, suppress insurrection, or, 
if hostilities be threatened, provide for public defense. 

Sec 6. No county shall subscribe for stock in any incor- 
porated company, unless the same be paid for at the time 
of such subscription ; nor shall any county loan its credit 
to any incorporated company, nor borrow money for the 
purpose of taking stock in any such company ; nor shall 
the General Assembly ever, on behalf of the State, assume 
the debts of any county, city, town or township, nor of any 
corporation whatever. 

Sec 7. No law or resolution shall ever be passed by the 
General Assembly of the State of Indiana that shall recog- 
nize any liability of this State to pay or redeem any cer- 
tificate of stock issued in pursuance of an act entitled " An 
act to provide for the funded debt of the State of Indiana, 
and for the completion of the Wabash and Erie Canal to 
Evansville," passed January 19, 1846, and an act supple- 
mental to said act, passed January 29, 1847, which by the 
provisions of the said acts, or either of them, shall be pay- 
able exclusively from the proceeds of the canal lands, and 
the tolls and revenues of the canal in said acts mentioned ; 
and no such certificates of stocks shall ever be paid by 
this State. 

[Note. — Agreed to by a majority of the members elected to each 
of the two houses of the General Assembly, regular session of 1871, and 
referred to the General Assembly to be chosen at the next general elec- 
tion. Agreed to by a majority of the members elected to each house 
of the General Assembly, special session of 1872. Submitted to the 
electors of the State by an act approved January 28, 1873. Ratified 



76 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article X by a majority of the electors, at an election held on the 18th day of 
February, 1873. Declared a part of the Constitution by proclamation 
of Thomas A. Hendricks, Governor, dated March 7, 1873.] 

Provision is made that the revenues of the State be used 
to pay, first the current expenses, then the interest on the 
state debt, and finally the principal of the state debt. In 
1836 the State appropriated over ten million dollars for the 
building of canals and roads (§ 29). Poor management of 
these internal improvements, together with the panic of 
1837, injured the credit of the State and nearly bankrupted 
its treasury. Its public works were abandoned or trans- 
ferred to private corporations. The loss to the State was 
about eight million dollars. The more recent management 
of state finances has been highly creditable and the once 
heavy debt is practically extinguished. 



Corporations 

Article XI 124. Banks and Banking. — SECTION 1. The Genera] As- 
sembly shall not have power to establish, or incorporate any 
bank or banking company, Or moneyed institution, for tin 4 
purpose of issuing bills of credit, or bills payable to order 
or bearer, except under the conditions prescribed in this 
Constitution. 

Sec. 2. No bank shall be established otherwise than un- 
der a general banking law, except as provided in the fourth 
section of this article. 

Sec. 3. If the General Assembly shall enact a general 
banking law, such law shall provide for the registry and 
countersigning, by an officer of State, of all paper credit 
designed to be circulated as money ; and ample collateral 
security, readily convertible into specie, for the redemption 
of the same in gold or silver, shall be required ; which col- 
lateral security shall be under the control of the proper 
officer or officers of the State. 

Sec. 4. The General Assembly may also charter a bank 
with branches, without collateral security, as required in 
the preceding section. 



THE CONSTITUTION AND GOVERNMENT 77 

Sec. 5. If the General Assembly shall establish a bank Article XI 
with branches, the branches shall be mutually responsible 
for each other's liabilities, upon all paper credit issued as 
money. 

Sec 6. The stockholders in every bank, or banking com- 
pany, shall be individually responsible to an amount over 
and above their stock, equal to their respective shares of 
stock, for all debts or liabilities of said bank or banking 
company. 

Sec. 7. All bills or notes issued as money shall be, at all 
times, redeemable in gold or silver ; and no law shall be 
passed, sanctioning, directly or indirectly, the suspension, 
by any bank or banking company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case of 
insolvency, to preference of payment over all other creditors. 

Sec 9. No bank shall receive, directly or indirectly, a 
greater rate of interest than shall be allowed by law to in- 
dividuals loaning money. 

Sec 10. Every bank, or banking company, shall be re- 
quired to cease all banking operations within twenty years 
from the time of its organization, and promptly thereafter 
to close its business. 

Sec 11. The General Assembly is not prohibited from in- 
vesting the trust funds in a bank with branches ; but in 
case of such investment, the safety of the same shall be 
guaranteed by unquestionable security. 

Sec 12. The State shall not be a stockholder in any 
bank, after the expiration of the present bank charter ; nor 
shall the credit of the State ever be given, or loaned, in aid 
of any person, association, or corporation, nor shall the 
State hereafter become a stockholder in any corporation or 
association. 

Sec 13. Corporations, other than banking, shall not be 
created by special act, but may be formed under general laws. 

Sec 14. Dues from corporations, other than banking, 
shall be secured by such individual liability of the corpo- 
rators, or other means, as may be prescribed by law. 

The State owned half the stock and participated in the 
management of a bank, chartered in 1831 and continued 
until 1857. The career of this bank was honorable and 
profitable to the State. Inspection of the institution was 



78 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article XI required because of the State's interests in it. Since then 
the inspection of banks, insurance companies, and other 
corporations of similar character has grown until the pe- 
cuniary interests of the people are guarded with care. The 
present system of taxing corporations involves two prin- 
ciples, stated as follows : All property, tangible or intan- 
gible, mftst be assessed and taxed at its true cash value, 
and all corporate property, including capital stock and 
franchises, except when other provision is made by law, 
is to be assessed to the corporation as to an individual per- 
son, at the place of its principal office in the State. 



The Militia 

ArticleXII 125. Organization. — SECTION 1. The militia shall con- 
sist of all able-bodied white male persons between the 
of eighteen and forty-live years, except such as may be 
exempted by tin 1 laws of the Tinted States, or of this 
State; and shall be organized, officered, armed, equipped 
and trained in such manner as may be provided by law. 

Sec. 2. The Governor shall appoint the adjutant, quar- 
termaster and commissary generals. 

Sec. 3. All militia officers shall be commissioned by the 
Governor, and shall hold their offices not longer than six 
years. 

Sec. 4. The General Assembly shall determine the 
method of dividing the militia into divisions, brigades, 
regiments, battalions and companies, and fix the rank of 
all staff officers. 

Sec. 5. The militia may be divided into classes of sed- 
entary and active militia in such manner as shall be pre- 
scribed by law. 

Sec 6. No person conscientiously opposed to bearing 
arms shall be compelled to do militia duty ; but such per- 
son shall pay an equivalent for exemption ; the amount to 
be prescribed by law. 

The self-preservation of the State justifies it in calling 
upon every able-bodied man to assist in the execution of 



THE CONSTITUTION AND GOVERNMENT 79 

its laws, the suppression of insurrection, or the clef eat of Article xn 
an invasion. The active militia may consist of as many as 
forty-eight companies of infantry, three batteries of artil- 
lery, one signal corps, one hospital corps, and one band of 
musicians for each regiment and battalion. Seventy-two 
privates compose a company ; four companies make a bat- 
talion ; three battalions make a regiment, and four regi- 
ments a brigade. The entire force is organized as a single 
division, and is known as the " Indiana National Guard." 
A Major-General, appointed by the Governor, is in imme- 
diate command. 

When necessary the Governor may call out part or all 
of the militia to sustain the supremacy of the law ; in case 
of national need the federal government may call on the 
State for its militia. Enlistments are for three years, and 
members are paid for services rendered the State. 

Indebtedness of Political and Municipal 
Corporations 

126. The Tax Limit. — Section 1. No political or munici- Article 
pal corporations in this State shall ever become indebted, in XIII 
any manner or for any purpose, to any amount, in the aggre- 
gate exceeding two per centum on the value of taxable 
property within such corporation, to be ascertained by the 
last assessment for state and county taxes, previous to the 
incurring of such indebtedness, and all bonds or obligations, 
in excess of such amount, given by such corporations, shall 
be void : Provided, That in time of war, foreign invasion, 
or other great public calamity, on petition of a majority of 
the property owners, in number and value, within the limits 
of such corporation, the public authorities, in their discre- 
tion, may incur obligations necessary for the public protec- 
tion and defense, to such an amount as may be requested in 
such petition. 

[The original Article XIII is stricken out and the amendment of 
March 24, 1881, inserted in lieu thereof.] 



80 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Article 
XIII 



Article 
XIV 



Jurisdic- 
tion. 



It may appear odd that the only mention of municipal 
government in the Constitution is by an amendment passed 
as late as 1881. The omission is less remarkable when we 
consider how recently the cities have attained their prom- 
inence in state affairs. The absence of constitutional re- 
strictions gave state legislatures great freedom in the regu- 
lation of municipal affairs, which resulted in the passage 
of many and diverse laws for the control of cities. In 1905 
these perplexing laws were repealed and a uniform clari- 
fication of cities, having uniform systems of government, 
was made. 

Boundaries 

127. Boundary Lines. — SECTION 1. In order that the 

boundaries of the State mav be known and established, it is 
hereby ordained and declared that the State of Indiana is 
bounded on the cast by the meridian line which forms the 
western boundary of the State of ( )hio ; on t he south l>v t he 

Ohio River, from the mouth of the Great Miami River to the 

mouth of the Wabash River; on the west, by a line drawn 
along the middle of the Wabash River, from its mouth to 

a point where a due north line, drawn from the town of 
Yineennes, would last touch the northwestern shore of said 
Wabash River; and thence by a due north line, until the 
same shall intersect an east and west line, drawn through 
a. point ten miles north of the southern extreme of Lake 
Michigan; on the north, by said east and west line, until 
the same shall intersect the first-mentioned meridian line, 
which forms the western boundary of the State of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction, 
and sovereignty coextensive with the boundaries declared 
in the preceding section; and shall have concurrent juris- 
diction, in civil and criminal cases, with the State of Ken- 
tucky on the Ohio River, and with the State of Illinois on 
the Wabash River, so far as said rivers form the common 
boundary between this State and said States respectively. 

Article V of the Ordinance of 1787 fixed the northern 
boundary of the future State of Indiana on "an east and 



Hinsdale's 



THE CONSTITUTION AND GOVERNMENT 81 

west line drawn through the southerly bend or extreme of Article 

Lake Michigan." The act of Congress in 1816 which en- 

abled the territory to become a State fixed the boundaries 

as given in the Constitution. Michigan was thus deprived The Old 

of a strip of land ten miles wide, across the northern end 1 r , " 
1 ' west, II, 

of Indiana; but if remonstrance were ever offered by 326. 
Michigan the fact has not been made known to the public. 
The act gave to Indiana a lake frontage, the value of which 
is now being realized. 

Miscellaneous Provisions 

128. Officers and Offices. — Section 1. All officers whose Article XV 
appointment is not otherwise provided for in this Constitu- 
tion, shall be chosen in such manner as now is, or hereafter 

may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided 
for by this Constitution, it may be declared by law ; and if 
not so declared, such office shall be held during the pleasure 
of the authority making the appointment. But the General 
Assembly shall not create any office, the tenure of which 
* shall be longer than four years. 

Sec. 3. Whenever it is provided in this Constitution, or 
in any law which may be hereafter passed, that any officer, 
other than a member of the General Assembly, shall hold 
his office for any given term, the same shall be construed 
to mean that such officer shall hold his office for such term, 
and until his successor shall have been elected and qualified. 

Sec. 4. Every person elected or appointed to airv office 
under this Constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the Constitu- 
tion of this State and of the United States, and also an oath 
of office. 

The brief tenure of office, and a very general feeling that 
two terms are sufficient for any citizen, indicate the demo- 
cratic spirit of the Constitution. 

129. The State Seal. — Sec. 5. There shall be a seal of the 
State, kept by the Governor for official purposes, which shall 
be called the seal of the State of Indiana. 



82 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

Article XV Sec. 6. All commissions shall issue in the name of the 
State, shall be signed by the Governor, sealed by the state 
seal, and attested by the Secretary of State. 

The great seal of the State is in form like the one provided 
in 1816, though in reality it has been replaced many times. 
Unless its imprint appears on documents issued by the Gov- 
ernor or Secretary of State they are usually not considered 
official. 

130. The Size of Counties. — Sec. 7. No county shall be 
reduced to an area less than four hundred square miles; nor 

shall any county under that area be further reduced. 

For the method of Forming new counties see the fifteenth 

paragraph of the Schedule. 

131. Lotteries Forbidden. — SEC. 8. Xo lottery shall be 
authorized, nor shall the sale of lottery tickets be allowed. 

The sale of lottery tickets, like dueling, seems unworthy 
of notice in a state Constitution; yet in 1806 the trustees of- 
a school were authorized by the legislature to raise $20,000 

by lottery. The ethical sense of the people has developed 
with material progress. 

132. Public Grounds. — Sec. 9. The following grounds 
owned by the State in Indianapolis, namely : the state house 
square, the governor's circle, and so much of outlot num- 
bered one hundred and forty-seven as lies north of the arm 
of the central canal, shall not be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to 
provide for the permanent inclosure and preservation of the 
Tippecanoe battle ground. 

The Tippecanoe battle field is inclosed by an iron fence. 
The General Assembly of 1907 appropriated $12,500 for 
the erection of a suitable monument, and a like sum has 
been appropriated by Congress. 



'^%*%&£ 







THE CONSTITUTION AND GOVERNMENT 83 



Amendments 

133. Method of Amending the Constitution. — Section 1. Article 



Any amendment or amendments to this Constitution may be 
proposed in either branch of the General Assembly ; and if 
the same shall be agreed to by a majority of the members 
elected to each of the two houses, such proposed amendment 
or amendments shall, with the yeas and nays thereon, be en- 
tered on their journals and referred to the General Assembly 
to be- chosen at the next general election ; and, if in the 
General Assembly so next chosen, such proposed amendment 
or amendments shall be agreed to by a majority of all the 
members elected to each house, then it shall be the duty of 
the General Assembly to submit such amendment or amend- 
ments to the electors of the State, and if a majority of said 
electors shall ratify the same, such amendment or amend- 
ments shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted 
at the same time, they shall be submitted in such manner 
that the electors shall vote for or against each of such 
amendments separately; and while such an amendment or 
amendments which shall have been agreed upon by one 
General Assembly, shall be awaiting the action of the suc- 
ceeding General Ai.ssembly, or of the electors, no additional 
amendment or amendments shall be proposed. 

Amendments to the present Constitution were made in 
the years 1873 and 1881. But it is a tedious process. We 
have been taught that the voices of our fathers speaking 
through a Constitution should be regarded sacredly, and 
changed on occasion of extreme necessity only. But polit- 
ical ideas also die. They serve their purpose and give way 
to new wants and new ideals. It is not improbable, there- 
fore, that the present Constitution will be amended again 
and again; or give way entirely to a more perfect Consti- 
tution, in which state authority and supervision will be com- 
mensurate wdth state interests. 



XVI 



84 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Schedule 

134. Provisions for the New Constitution. — This Consti- 
tution, if adopted, shall take effect on the first day of 
November, in the year one thousand eight hundred and 
fifty-one, and shall supersede the Constitution adopted in 
the year one thousand eight hundred and sixteen. That 
no inconvenience may arise from the change in the govern- 
ment, it is hereby ordained as follows : — 

First. All laws now in force, and not inconsistent with 
this Constitution, shall remain in force until they shall ex- 
pire or be repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints 
and other proceedings pending in any of the courts, 
shall be prosecuted to final judgment and execution; and 
all appeals, writs of error, certiorari and injunctions shall 
be carried on in the several courts, in the same manner as 
is now provided by law. 

Third. All tines, penalties and forfeitures, due or accru- 
ing to the State, or to any county therein, shall inure to 
the State, or to such county in the manner prescribed by 
law. All bonds executed to the State, or to any officer, in 
his official capacity, shall remain in force, and inure to the 
use of those concerned. 

Fourth. All acts of incorporation for municipal pur- 
poses shall continue in force under this Constitution, until 
such time as the General Assembly shall, in its discretion, 
modify or repeal the same. 

Fifth. The Governor, at the expiration of the present 
official term, shall continue to act until his successor shall 
have been sworn into office. 

Sixth. There shall be a session of the General Assembly, 
commencing on the first Monday of December, in the year 
one thousand eight hundred and fifty-one. 

Seventh. Senators now in office and holding over, under 
the existing Constitution, and such as may be elected at 
the next general election, and the representatives then 
elected, shall continue in office until the first general elec- 
tion under this Constitution. 

Eighth. The first general election under this Constitu- 
tion shall be held in the year one thousand eight hundred 
and fifty-two. 



THE CONSTITUTION AND GOVERNMENT 85 

Ninth. The first election for Governor, Lieutenant-Gov- 
ernor, Judges of the Supreme Court and Circuit Courts, 
Clerk of the Supreme Court, Prosecuting Attorney, Sec- 
retary, Auditor, and Treasurer of State, and State Super- 
intendent of Public Instruction, under this Constitution, 
shall be held at the general election in the year one thou- 
sand eight hundred and fifty-two ; and such of said officers 
as may be in office when this Constitution shall go into 
effect, shall continue in their respective offices until their 
successors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now 
in any office which is continued by this Constitution, and 
every person who shall be so elected to any such office be- 
fore the taking effect of this Constitution (except as in this 
Constitution otherwise provided), shall continue in office 
until the term for which such person has been, or may be, 
elected, shall expire : Provided, That no such person shall 
continue in office after the taking effect of this Constitution, 
for a longer period than the term of such office in this Con- 
stitution prescribed. 

Eleventh. On the taking effect of this Constitution, all 
officers thereby continued in office shall, before proceeding 
in the further discharge of their duties, take an oath or 
affirmation to support this Constitution. 

Twelfth. All vacancies that may occur in existing offices 
prior to the first general election under this Constitution, 
shall be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution 
to the electors for their approval or disapproval, the article 
numbered thirteen, in relation to negroes and mulattoes, 
shall be submitted as a distinct proposition, in the follow- 
ing form : " Exclusion and colonization of negroes and 
mulattoes," "Aye," or "No." And if a majority of the 
votes cast shall be in favor of said article, then the same 
shall form a part of this Constitution, otherwise it shall be 
void and form no part thereof. 

Fourteenth. No article or section of this Constitution 
shall be submitted as a distinct proposition to a vote of 
the electors otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the 
counties of Perry and Spencer shall deem it expedient to 
form, of the contiguous territory of said counties, a new 
county, it shall be the duty of those interested in the or- 



86 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

ganization of such new county, to lay off the same by 
proper metes and bounds of equal portions as nearly as 
practicable, not to exceed one third of the territory of each 
of said counties. The proposal to create such new county 
shall be submitted to the voters of said counties, at a gen- 
eral election, in such manner as shall be prescribed by law. 
And if a majority of all the votes given at said election 
shall be in favor of the organization of said new county, 
it shall be the duty of the General Assembly to organize the 
same out of the territory thus designated. 

Sixteenth. The General Assembly may alter or amend 
the charter of Clarksville, and make such regulations as 
may be necessary for carrying into effect the objects con- 
templated in granting the same, and the funds belonging 
to said town shall be applied according to the intention of 
the grantor. 

Done in convention, at Indianapolis, the tenth day of 
February, in the year of OUT Lord, one thousand eight hun- 
dred and fifty-one, and of the independence of the United 
States, the seventy-fifth. 

George Whitefield Carr, 
President and delegate from the County of Lawrence. 

Attest : Wm. II. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman (J. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 



ADDENDA 

The original sections stricken out or amended read as 

follows : — 

ARTICLE II 

SUFFRAGE AM) ELECTION 

Section 2. In all elections, not otherwise provided for by this Con- 
stitution, every white male citizen of the United States, of the age of 
twenty-one years and upwards, who shall have resided in the State 



THE CONSTITUTION AND GOVERNMENT 87 

during the six months immediately preceding such election ; and every 
white male, of foreign birth of the age of twenty-one years and up- 
wards, who shall have resided in the United States one year, and shall 
have resided in this State during the six months immediately preced- 
ing such election, and shall have declared his intention to become a 
citizen of the United States, conformably to the laws of the United 
States on the subject of naturalization, shall be entitled to vote in the 
township or precinct where he may reside. 

Sec. 5. No negro or mulatto shall have the right of suffrage. 

Sec. 14. All general elections shall be held on the second Tuesday 
in October. 

ARTICLE IV 

LEGISLATIVE 

Section 4. The General Assembly shall, at its second session after 
the adoption of this Constitution, and every six years thereafter, cause 
an enumeration to be made of all the white male inhabitants over the 
age of twenty-one years. 

Sec 5. The number of senators and representatives shall, at the 
session next following each period of making such enumeration, be 
fixed by law, and apportioned among the several counties, according 
to the number of white male inhabitants, above twenty-one years of 
age, in each : Provided, That the first and second elections of mem- 
bers of the General Assembly, under this Constitution, shall be accord- 
ing to the apportionment last made by the General Assembly, before 
the adoption of this constitution. 

Sec 22. In relation to fees or salaries. 

ARTICLE VII 

JUDICIAL 

Section 1. The judicial power of the State shall be vested in a Su- 
preme Court, in Circuit Courts, and in such inferior courts as the Gen- 
eral Assembly may establish. 

ARTICLE XIII 

NEGROES AND MULATTOES 

Section 1. No negro or mulatto shall come into, or settle in, the 
State, after the adoption of this Constitution. 

Sec 2. All contracts made with any negro or mulatto coming into 
the State, contrary to the provisions of the foregoing section, shall be 



88 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

void ; and any person who shall employ such negro or mulatto, or 
otherwise encourage him to remain in the State, shall be fined in any 
sum not less than ten dollars, nor more than five hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the pro- 
visions of this article, or of any law which may hereafter be passed for 
the purpose of carrying the same into execution, shall be set apart and 
appropriated for the colonization of such negroes and mulattoes, and 
their descendants, as may be in the State at the adoption of this Consti- 
tution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the pro- 
visions of this article. 

General References 

Hitchcock, American State Constitutions, 

Poore, Charters and Constitution*. 

Wilson, The State, %% 886-995. 

Hinsdale, The American Government* Part III. 

Bryce, The American Commonwealth* Vol. I, Part 2. 

Jameson, The Constitutional Conventions* Chaps. IV, VI, VII, 
VIII. 

Ashley, The American Federal State* Chaps. XVIII. XIX; Amer- 
ican Government* Chaps, IX-XYll. 

Rawles, The Centralizing Tendencies in thr Administration of 
Indiana. 

Topic 

The Extension oe State Authority : Ashley, The American 
Federal State, § 464 ; Rawles, The Centralizing T< ncU neU s in the 

Administration of Indiana. 

Practical Questions 

1. Compare the Bill of Rights in the State Constitution with the 
first ten amendments to the Federal Constitution. Compare the meth- 
ods of amending the two Constitutions. 

2. What changes would you make in the Constitution of Indiana if 
privileged to amend it ? 

3. Should executive power be increased ? 

4. What are the merits and defects of the popular election of 
judges ? 



i 



CHAPTER IV 

LOCAL GOVERNMENT 

135. Types of Local Government. — There are three types 
of rural local government in the United States. The Town 
or Township is the unit of the first type, best represented in 
New England ; the County is the unit of the second type, 
prevalent in the Southern States ; the third is a combination 
of the town and county types, and is found in Indiana and 
other States along the fortieth parallel and in the North- 
west. In Indiana the County is relatively less important 
than in the Southern States and the Township relatively less 
important than in New England. The Townships are minia- 
ture republics in regard to local affairs of minor importance ; 
they are dependent upon the authority of the County in the 
larger governmental duties. When the Township lacks the 
means of providing its own needs the County exercises au- 
thority by taxing its entire self for the benefit of the weaker 
members. The importance of this power should be noted. 
It is sometimes exercised by the State for the benefit of the Bemis's 

poorer Counties, as in extending school terms. Only the fear Local 

. . . . Govern^ 

of centralization and the dislike of the richer localities to tax ment i n 

themselves for the poorer oppose it. The political training Michigan, 

18 

w f hich comes from the attempt to make every locality sover- 
eign to its own wants is not trivial. 

The western method of local government for simplicity, symmetry, Howard's 
flexibility, and administrative efficiency is superior to any other system Local Con- 
which the Teuton mind has yet produced. stitutional 

History. 
Good citizenship means an abiding interest in the problems 

of County -Township government. 



90 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



State ex 
rel. vs. 
Clark, 4 
Indiana, 
316. 



The County 

136. The Organization of Counties. — When civil govern- 
ment was inaugurated in the Northwest Territory the Gov- 
ernors proceeded to lay out Counties, fix the county s< 
appoint officers, and define their powers. The successive 
Governors continued to exercise this authority until it was 
assumed by the legislature, after the territory had passed to 
the second stage of government. The first County funned 
was Knox, in 1790, embracing all of Indiana and parts 
of Michigan and Illinois. The subdivision of this one 
County began in the southern part of the State extending 
northward until ninety-two Counties were formed, the last 
being Newton in L869. In Indiana as well as in the New 
England States the immediate reason for the organization of 

Counties was that judicial power might he extended over 
the territory. The administration of civil government was 
at first centralized in the Courts. The Courts regulated the 
county revenues and appointed the county oilieers. hater 
this administrative power was transferred to county officers 
elected by the people. 

137. The County Commissioners. — Three substantial citi- 
zens, voters and freeholders, elected by the voters of the en- 
tire County, but each representing one of tin 1 three districts 
into which the County is divided, compose the Board of 
County Commissioners. Bach Commissioner serves for a 
term of three years, not more than two being elected at the 
same time. In law this board is the County. It consti- 
tutes a court having judicial and legislative authority in 
the transaction of county business. It controls all county 
property ; makes public improvements ; grants liquor li- 
censes ; exacts reports from county and township offic- 
and exercises general supervision of county affairs. The 



LOCAL GOVERNMENT 91 

wisdom and integrity of this Board are of supreme impor- 
tance to the citizens of the County. 

138. The County Council. — The possible abuse of exces- 
sive power in the hands of the County Commissioners led to 
the creation of a County Council. This body is composed 
of seven members, four elected from districts and three 
elected at large, each serving four years. County and town- 
ship officers are required to present the Council with esti- 
mates of the expenses of their respective departments for 
the ensuing year. The Council may reduce any or all of 
these estimates. No county officer can bind the County to 
an agreement beyond the appropriation made by this Coun- 
cil for a specific purpose. 

139. The County Auditor. — The Auditor is elected for a 
term of four years, and cannot hold more than two terms 
in succession. He is the County's bookkeeper. He is 
Clerk of the Commissioner's Court and of the County 
Council. No claim against the County is paid without his 
warrant. Upon the rates fixed he apportions taxes on all 
property in the County. He also apportions the school 
revenues to the several school corporations in the County. 

140. The County Treasurer. — The Treasurer is elected 
for two years, and cannot serve more than two terms in 
succession. He collects all taxes due the State, County, 
and Township, and turns over to each its share. 

141. The County Clerk. — The Clerk of the County is also 
Clerk of the Circuit Court. In addition to his duties in 
Court he attends to the clerical work of the County. He re- 
ceives the bonds of other county officers ; issues all licenses 
except teacher's license and liquor license, and, when Court is 
not in session, letters of administration and letters testamen- 
tary. He is elected for a term of four years, and may not be 
elected more than twice in succession. 



92 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

142. The County Recorder. — This officer is elected for a 
term of four years, and cannot serve more than two terms 
in succession. In his keeping are all records of deeds, 
mortgages, and certificates of incorporation. These are 
properly recorded in books and carefully indexed for the 
convenience of the public. 

143. The Sheriff. — The Sheriff is elected for two years, 
and may serve twice in succession. He is the chief execu- 
tive officer of the County. He serves the Court, maintains 
peace, and has charge of prisoners. Citizens called upon 
by him must assist in the preservation of peace. In 
case of riot or insurrection he may call upon the Governor 
for the aid of the militia ; the Governor may call for federal 
aid. Thus in extreme disorder, as well as in peace, the pro- 
tection of our whole complex system of govern incut is over 
every citizen. 

144. The Coroner. — The Coroner is elected for a term of 
two years, and may be reelected any number of terms. This 
office was originally a cheek upon the power of the Sheriff, 
The Coroner retains power to suppress disorder, arrest the 
Sheriff for crime, or to take his office in case of a vacancy. 
But his chief duty is to inquire into the causes of all 
deaths which occur through violence or casualty. 

145. The County Assessor. — This elective officer super- 
vises the work of Township Assessors, and places on the 
tax lists property which may have been omitted by them. 
He is eligible for two terms of four years each in succession. 

146. The Surveyor. — The County Surveyor is elected for 
a term of two years, and is reeligible. He has charge of 
the accurate marking and preservation of all boundary lines 
outside city or town limits. 

147. The Comity Superintendent of Schools. — The most 
important school officer of the County, and one of the most 



LOCAL GOVERNMENT 93 

important in the whole system of education, is the Superin- 
tendent of Schools. He is elected by the Township Trustees 
for a term of four years, and has general supervision of all 
rural schools, visiting each one annually. He grants teacher's 
license to qualified applicants who do not send their manu- 
scripts to the State Superintendent. He reports to the State 
Superintendent the condition of school affairs in his County, 
giving statistical information concerning the pupils of school 
age and the various school funds. An educational qualifica- 
tion is required of this officer. 

148. Jury Commissioners. — Two Commissioners, of oppo- 
site political faith, are appointed annually by the Judge 
of the Circuit Court to select the names of twice as many 
citizens as will be required to serve as grand and petit jurors 
during the year. These names are deposited in a jury box 
and the key intrusted to the Commissioner of opposite politi- 
cal belief from the County Clerk. The box is retained by 
the Clerk, and the names drawn by chance by him two 
weeks previous to the opening of Court. 

149. The County Attorney. — The County Commissioners 
annually appoint an Attorney whose duty it is to advise all 
county officers in regard to the legality of their actions and 
to defend them in any suits at law. 

150. The Board of Review. — This Board, sometimes 
called the Board of Equalization, is composed of the County 
Assessor, the Auditor, the Treasurer, and two freeholders 
chosen by the Judge of the Circuit Court. It equalizes the 
assessments on property throughout the County. Before it 
any taxpayer may present objections to the valuation of his 
property. 

151. Boards of Charity. — The Judge of the Circuit Court 
may appoint a board of six persons, one a woman, to examine 
and report concerning all charitable and correctional insti- 



94 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



Board of 
Children's 
Guard- 
ians. 

Superin- 
tendent of 
Poor 
Farm. 

County 
Physi- 
cians. 



County 
Board of 
Educa- 
tion. 

Truant 
Officer. 



tutions of the County. Another board of six persons, known 
as the Board of Children's Guardians, may be appointed to 
care for neglected and dependent children. A Superintendent 
of the County Poor Asylum is appointed by the County Com- 
missioners for a term of two years. One or more physicians, 
appointed by the Commissioners, attend the poor of the 
County and the prisoners in jail. How to administer hu- 
mane and just treatment to the unfortunate classes without 
encouraging dependency is one of the problems of local 
government. 

A County Board of Education, consisting of the County 
Superintendent, the Township Trustees, and the Presidents 
of town and city School Boards, may appoint a truant officer 
whose duty it is to secure the attendance at school of all 
children between the ages of seven and fourteen, inclusive. 



The Con- 
gressional 
Township. 



The Civil 
Township. 



The Towxsiiip 
152. The Organization of the Township. — The Township 

is the oldest and simplest unit of our government When 
the Northwest Territory came into possession of the United 
States provision was made for the survey of the land. This 
survey divided Indiana into rectangles six miles square, 
known as Congressional Townships. The Townships were 
numbered, north and south of a base line crossing the 
southern part of the State, and east and west of a prin- 
cipal meridian which bisects the State lengthwise. Since 
these Townships were formed to aid in the description 
and sale of land no attention was given to the physical 
irregularities of the surface of the State. 

Soon after the formation of the first counties in the State 
the courts were authorized to form townships for the pur- 
pose of aiding in the administration of county and state 
business. This unit of government is known as the civil 



LOCAL GOVERNMENT 95 

township, the first provision for which was made in 1790. 

The Civil Townships were not given a separate, corporate Rawie's 

existence at once. When the power to form them was Centraliz - 

ing Ten- 
transferred from the Courts to the County Commissioners dencies in 

they were given some authority in elections, taxation, and Indiana > 

the relief of the poor : now each of the one thousand and 

sixteen in the State is a corporate and political body, which 

may enter into contracts, sue and be sued. 

The provision that every sixteenth section in each Con- The 
gressional Township be reserved for school purposes natu- Sch ° o1 
rally made the township the unit of the school system. But 
the School Township is neither the Congressional Township 
nor the Civil Township. It is a separate corporation, which 
owns all school property and maintains all schools within 
the boundaries of the Civil Townships. The boundaries 
of the Civil and School Townships are always the same; 
but the Congressional Township, formed with no reference 
to physical environment or the convenience of the people 
in civic affairs, often has boundaries which do not coincide 
with those of Civil and School Townships. 

153. The Township Trustee. — The Township Trustee 
transacts all the business of both the Civil and the School 
Township. He is administrator, treasurer, auditor, and 
clerk combined in one. He attends to the financial affairs 
of the Township, giving to the public an annual report of 
all receipts and expenditures. He has supervision over 
road districts, boundary lines, and drains. He is inspector 
of elections, and every six years makes an enumeration of 
the voters of his Township. His hand shelters the poor in 
their distress. As Trustee of the School Township he em- 
ploys teachers and cares for all school property. He is 
elected for a term of four years, but cannot succeed himself 
in office. 



96 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

154. The Township Advisory Board. — Three resident free- 
holders and voters of the Township constitute an Advisory 
Board, whose counterpart has been seen in the County Coun- 
cil (§ 138). This Board is elected for a term of four years 
and has general control of the finances of the Township. 
It considers appropriations for current expenses, and beyond 
its approval the Township Trustee may not act. It fixes 
the rate of taxation for township purposes and may borrow 
money for the corporation. Its creation has lessened the 
opportunity for extravagance in local administration. 

155. The Township Assessor. — The Assessor appraises 
personal property every year and real estate every four 
years. His term of office is four years. 

156. The Road Supervisor. — Each road district has over 
it a Supervisor, elected for the term of two years. It is his 
duty to execute the orders of the County Commissioners 
concerning highways and bridges. For this purpose he 
may require the services of all able-bodied men between 
the ages of twenty-one and fifty, from two to four days 
each year. 

157. Justices of the Peace and Constables. — Judicial and 
executive authority are represented in Justices of the Peace 
and Constables. The former holds the least or lowest Court 
known to law, and the latter serves the Court. 

The Town 

Munici- 158 - Classification. — It is evident that the conditions of 

palities. a densely populated community demand a more elaborate 
government than that of the Township or County. This 
demand is encountered in municipalities, which, for con- 
venience, may be divided into two classes. The first class 
has a simple government, and includes those corporations 



LOCAL GOVERNMENT 97 

known in certain States as Boroughs, in other States as Vil- 
lages, and in Indiana as Toivns. The second class includes 
all towns which have grown into the size and dignity of 
Cities. We have only to notice the fact that nearly one half 
of the people of Indiana live in Towns and Cities to realize 
the importance of municipal government. The framers of 
the Constitution could not foresee the remarkable growth 
of municipalities, which explains why the only provision 
concerning them is a restriction on the indebtedness they 
may incur (Art. XIII). 

159. Incorporation. — The first Town incorporated in In- 
diana was Clarksville, in 1785. A little later the borough 
of Vincennes was incorporated, while special charters were 
granted to several other Towns in the days of territorial 
government. These early Towns differed materially in the 
manner of their incorporation and in the extent of their 
powers. At present the incorporation of a Town is secured 
by the following steps : An accurate survey and map of the 
limits to be included are secured; a census of the people 
residing within the district is taken ; a petition, signed by 
one third of the voters within the district, is presented 
to the County Commissioners; if approved, the Commis- 
sioners grant an election in which a majority of the voters 
may express their desire for incorporation ; the declaration 
of incorporation is then issued by the Commissioners. 
The Town may be dissolved by a two-thirds vote of 
four fifths of all the voters within its limits. When 
incorporated, the Town is divided into from three to 
seven wards, from each of which a Trustee is chosen 
by the voters of the entire district. A Clerk and a 
Treasurer are also elected, while a Marshal, a Fire Chief, 
and a Street Commissioner are usually appointed by the 
Town Board of Trustees. 



98 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



The Town 
Clerk. 



The Town 
Treasurer. 



The Town 
Marshal. 



Street 
Commis- 
sioner. 



160. The Town Trustees. — Most of the functions of town 
government are performed through the Town Trustees. 
The rules and regulations passed by them are known as 
ordinances, and, if not in conflict with the laws of the State, 
are binding. The educational interests of the Town are 
placed in the care of three School Trustees appointed by 
the Town Trustees for a period of three years. 

161. Administrative Officers. — The Town Clerk records 
and preserves the acts of the Town Trustees. In case of a 
tie vote he casts the deciding vote. He issues licenses, ad- 
ministers oaths, takes depositions, and has custody of the 
town seal and records. 

The Treasurer has charge of the town funds, sometimes 
collected by the County Treasurer. An order or warrant 
from the Clerk is necessary for the payment of money by 
him. 

The Marshal is the executive of the town government. 
As Peace Officer his power to arrest extends to violations of 
city ordinances and the criminal laws of the State. When 
necessary he appoints deputies, one of whom may be de 
nated as a Humane Officer. 

Street Commissioners have charge of the repair of stn 
and alleys. The Fire Chief directs the Fire Department in 
the protection of property. 

162. Functions of Town Government. — Some of the ad- 
vantages of a town government may be seen in the follow- 
ing functions : — 

1. The enforcement of general laws. 

2. The maintenance of peace and order. 

3. The trial of minor civil and criminal cases. 

4. The improvement of streets and walks. 

5. The lighting of the community. 

6. The supply of water. 



LOCAL GOVERNMENT 99 

7. The protection of property. 

8. The support of schools. 

9. The care of public health. 

10. The licensing of privileges. 

11. The taxing of property. 

The City 

163. Organization. — Towns with fewer than two thousand 
inhabitants do not usually consider it advantageous to as- 
sume city government. When one third of the voters peti- 
tion the Town Trustees it is determined by a majority vote 
of all electors whether or not the town will become a City. 
If city government is determined upon, the district is 
divided into wards, the number and boundaries of which 
may not be changed oftener than once in six years. The 
government of the City is a reduced type of state govern- 
ment. Its Charter, provided for by statute, corresponds to 
the Constitution ; the City Council to the General Assem- 
bly ; its Mayor to the Governor, and the City Courts to the 
Judicial Department of the State. 

164. Classification. — In Indiana, Cities are classified on 
the basis of population. The First Class must have a popu- 
lation of 100,000. The Second Class includes all Cities 
having a population of from 45,000 to 100,000 ; the Third 
Class, all Cities having a population of from 20,000 to 
45,000 ; the Fourth Class, all Cities having a population 
of from 10,000 to 20,000, and the Fifth Class, all Cities 
having a population under 10,000. The chief difference in 
the government of Cities in the various classes is in the 
complexity of organization and administration. 

165. The Legislative Department. — The legislative power 
of the City is vested in a Common Council. One member 



100 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



The 

Common 

Council. 



School 
Trustees. 



The 
Mayor. 



Method of 
making 
Appro- 
priations. 



of the Council is elected from each ward, and from two to 
six members are elected at large. In Cities of the first and 
second classes the Council selects a presiding officer ; in 
other Cities the Mayor presides. The Council is required 
to meet at least once each month, and may meet oftener 
upon the call of the Mayor, or as determined by agreement. 
The duties of the Council in each class of Cities are spe- 
cifically defined by state laws, the differentiation of duties 
increasing with the size of the Cities. In general the Coun- 
cil passes laws or ordinances regulating the finances, pro- 
viding for public improvements, public health, and safety. 
Except in the larger Cities, the Council selects a Board of 
three School Trustees who have charge of the educational 
interests of the city. 

166. The Executive Department. — The Mayor is the chief 
executive officer of the City. He is held responsible for 
the order and efficiency of the administration of the govern- 
ment. It is his duty to enforce the Ordinances of the Cit y 
and the Laws of the State. He possesses a veto power, 
which may be overcome by a two-thirds vote of the Common 
Council. In Cities of the fifth class he is a judicial as well 
as an executive officer. 

167. Administrative Departments. — 111 order to relieve 
the Common Council of some of the burdens of adminis- 
tration, Cities of the four highest classes provide Depart- 
ments to manage the following interests: Finance, Public 
Works, Public Safety, Public Health and Charity, Law, 
Assessment, and Collection. Each Department is presided 
over by an officer who, with the exception of the head of 
the last-named Department, is appointed by the Mayor. 
These officers submit annually, in joint session, an itemized 
statement of probable expenses of their respective Depart- 
ments. The report is examined, and may be revised, by the 






LOCAL GOVERNMENT 101 

Controller. It is then referred to the Mayor, who presents 
it, with any recommendations he may have, to the Common 
Council. The Council may reduce but may not increase the 
estimated expenditures without the consent of the Mayor. 
When the estimations are accepted, and the tax rate fixed, 
the Departments may not contract beyond the appropriations 
made by the Council. Should an emergency for additional 
appropriations arise, the Council may, on the advice of the 
Controller, provide for them by a two-thirds vote. 

168. Department of Finance. — The Department of Finance The Con- 
is in charge of the Controller. He inspects all accounts in tro er ' 
which the City is interested, grants orders for the payment 

of money, and issues all licenses. 

169. Department of Law. — The City Attorney is ap- The City 
pointed by the Mayor in all Cities except those of the fifth Attorne y, 
class, in which he is chosen by the Council. He is the 

legal adviser of city officers, the prosecutor or defender of 
the City as the occasion demands. He prepares all ordi- 
nances, contracts, leases, deeds, and other legal documents 
for the city. 

170. Department of Public Works. — The Department of The 
Public Works consists of a Board of three members, assisted p ^. 
by the City Civil Engineer. This Board acquires and con- Works, 
trols all property, personal and real, needed for public use. 

It supplies water and light, and provides improvements of 
all kinds for the city. It has general charge of all other 
executive and administrative duties not assigned to the 
other departments. 

171. Department of Public Safety. — In Cities of the The Board 
third class the duti&s of this department may be, and in g afe ^ v 1C 
Cities of the fourth class are, assumed by the Board of 

Public Works. The Board of Public Safety consists of 
three Commissioners appointed by the Mayor. It has con- 



102 HISTORY AND CIVIL GOVERNMENT OF INDIANA 



The City 
Treasurer. 



The City 
Board of 
Health. 



trol of all matters relating to the inspection of buildings, 
foods, market places, fire escapes, and other sources of 
danger to the public. It appoints a Superintendent of 
Police except in Cities of from ten thousand to thirty-five 
thousand inhabitants, where a Metropolitan Police Com- 
mission of three members is appointed by the Governor. 

172. Assessment and Collection Department. — The City 
Treasurer is at the head of the Department of Assessment 
and Collection. But in Cities of the first three classes the 
County Treasurer is ex officio City Treasurer. In Cities of 
the fourth class the County Treasurer is also City Treas- 
urer if the City is a County Seat; otherwise the City has 
its own Treasurer. Cities of the fifth class have their own 
Treasurers, but the valuation of property is .determined by 
the general assessment and the County Treasurer collects 
the taxes. 

173. Department of Public Health and Charities. — This 
Department consists of a Board of three Commissioners. 
One member, usually known as the Health Officer, must be 
a physician who is well informed in sanitary science. The 
Board has charge of the public health of the City. It 
secures and enforces sanitary laws ; controls the city hos- 
pital and dispensary; quarantines against infectious dis- 
eases, and collects the vital statistics of the City. 

174. The City Clerk. — The City Clerk is a ministerial 
officer, assigned various duties in the several Administra- 
tive Departments. He makes a record of the proceedings 
of the Common Council; keeps all papers and documents 
intrusted to him; and, in Cities of the fifth class, draws 
warrants on the City Treasurer for the payment of claims 
allowed against the City. 

175. Police Power. — Police power is one of the most im- 
portant factors in city government. 



LOCAL GOVERNMENT 103 

In the jostling throngs of the city a careless or vicious member of Shaw's 
society has a hundredfold more opportunity to disturb the comfort Municipal 
and endanger the health and well-being of his fellows than in the Govern- 
country. ment in 

Europe, 

Since the State is responsible for the protection of the life 7. 
and property of all its citizens, police power belongs to the 
State. In keeping with this theory cities of from ten thou- 
sand to thirty-five thousand inhabitants may have Metro- 
I olitan Police Commissioners appointed by the Governor. 
Whether or not the State should extend its authority in 
seeking the peace and safety of its citizens is a question now 
before the people. The Supreme Court has declared that — 

in providing for the appointment of officers connected with the con- 
stabulary of the State, there is not an invasion of the right of local 
self-government. 

176. Judicial Power. — Judicial power in Cities of the 
fifth class is vested in the Mayor. In Cities of all other 
classes it is vested in a City Court, presided over by a 
Judge. The City Clerk acts as Clerk of the Court in 
Cities of the first and second classes; in all other Cities the 
presiding officer is also Clerk of the Court. In Cities of the 
fifth class a Marshal, and in all others a Bailiff, executes the 
orders of the Court. The authority of a City Court extends 
to the violation of city ordinances, petit larceny, and to 
misdemeanors for which the penalty cannot exceed a fine 
of five hundred dollars and a jail sentence of six months. 
The County Prosecutor presents violations of state laws, 
and the City Attorney violations of city ordinances, before 
the City Court. 

177. Problems of City Government. — The problems of 
government in Indiana are becoming the problems of city 
government. Already one third of the people live in Cities, 
and despite the improvements which make rural life attrac- 



104 HISTORY AND CIVIL GOVERNMENT OF INDIANA 

tive, the drift of population continues toward the Cities. 
With the crowding together of people within narrow limits 
new industrial and social problems arise. Business life 
in the City is remarkable for its activity and for the large 
sums of money involved in its transactions. Opportunities 
for plunder as well as philanthropy increase. Evidently 
government must adapt itself both in organization and exe- 
cution to these new conditions, and we may not expect to 
avoid many perplexing problems City governments have 
found it necessary to do many things which would have 
amazed our forefathers. How far shall these municipal 
functions be extended? Shall the City own all those pub- 
lic interests which tend to become monopolies ? Under 
what conditions shall franchises be granted? How can 
party politics be eliminated from local problems having no 
political significance? How may opportunities for graft 
be diminished? These and many other problems call for 
the highest intelligence and honesty of citizenship. City 
officials should be chosen with reference to their fitness for 
the public service to be rendered. The best citizens may 
not always be induced to accept office, but they are always 
under obligation to sacrifice personal ease, business, or self* 
pride, if necessary, to secure the nomination and election of 
efficient officers. Municipal government as well as state or 
national government is " of the people, by the people, and 
for the people." 

General References 

Howard, Local Constitutional History, I, 289-475. 
Wilson, The State, Sees. 1209-1259. 
Ashley, American Government. 
Parsons, City for the People. 

Rawles, Centralizing Tendencies in the Administration of Indiana ; 
The Civil Government of Indiana. 



LOCAL GOVERNMENT 105 

Thornton, The Government of the State of Indiana. 
Williams, Civil Government of Indiana. 

Burns, Annotated Statutes, Revision of 1908. 



Topic 

Municipal Ownership : Parsons, City for the People ; Century, 
Vol. XXX, p. 311 ; North American Beview, Vol. CLXXII, p. 445; 
Nation, Vol. LVI, p. 449 ; Forum, Vol. XXI, p. 53 ; Arena, VoL 
XIII, p. 118 ; Atlantic Monthly, Vol. LXXXI, p. 311; Cosmopolitan, 
Vol. XXX, pp. 430, 557. 



Practical Questions 

1. Prepare a map of your county, containing the townships, towns, 
and cities. 

2. Give the boundaries of your congressional district ; state sena- 
torial district ; district for state representatives. 

3. Make a report of your visit to the circuit or city court ; the 
county poor farm ; the fire department ; the water and light plants. 

4. Make a study of a city in relation to the following points : (1) 
economic reasons for its location ; (2) the time of its incorporation 
and reasons for its growth ; (3) its legislature ; (4) the executive ; 
(5) the judiciary ; (6) the administrative department ; (7) police ; 
(8) its financial condition ; (9) the management of its public utili- 
ties ; (10) its expressed sense of beauty and morals. 

5. With the class organized as city officers, pass those ordinances 
which appear most desirable. 






APPENDIX 
A. THE ORDINANCE OF 1787 

In Congress, July 13, 1787. 

"An Ordinance for the Government of the Territory of the United 
States Northwest of the River Ohio " 

After providing for the temporary government of such territory 
as one district, with a Governor, Legislative Council and House of 
Representatives of five members each, Secretary and Judges, all 
appointed by Congress, the ordinance proceeds as follows: — 

And for extending the fundamental principles of civil and re- 
ligious liberty, which form the basis w T hereon these republics, their 
laws, and Constitutions, are erected; to fix and establish those prin- 
ciples as the basis of all laws, Constitutions, and governments, which 
forever hereafter shall be formed in the said territory ; to provide, 
also, for the establishment of States, and permanent government 
therein, and for their admission to a share in the federal councils 
on an equal footing with the original States, at as early periods as 
may be consistent with the general interest: — 

It is hereby ordained and declared, by the authority aforesaid, 
That the following articles shall be considered as articles of com- 
pact between the original States and the people and States in the 
said territory, and forever remain unalterable, unless by common 
consent, to wit : — 

Art. 1. No person, demeaning himself in a peaceable and or- 
derly manner, shall ever be molested on account of his mode of 
worship or religious sentiments, in the said territory. 

Art. 2. The inhabitants of the said territory shall always be 
entitled to the benefits of the writ of habeas corpus, and of the 
trial by jury ; of a proportionate representation of the people in 
the legislature, and of judicial proceedings according to the course 

107 



108 APPENDIX 

of the common law. All persons shall be bailable, unless for capi- 
tal offenses, where the proof shall be evident, or the presumption 
great. All fines shall be moderate ; and no cruel or unusual punish- 
ments shall be inflicted. No man shall be deprived of his liberty 
or property, but by the judgment of his peers, or the law of the 
land, and should the public exigencies make it necessary, for the 
common preservation, to take any man's property, or to demand 
his particular services, full compensation shall be made for the 
same. And, in the just preservation of rights and property, it is 
understood and declared, that no law ought ever to be made 
or have force in the said territory, that shall, in any manner 
whatever, interfere with, or affect, private contracts or engage- 
ments, bona fide, and without fraud, previously formed. 

Art. 3. Religion, morality, and knowledge, being necessary to 
good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. The utmost good 
faith shall always be observed towards the Indians; their lands 
and property shall never be taken from them without their consent; 
and in their property, rights, and liberty, they never shall be in- 
vaded or disturbed unless in just and lawful wars authorized by 
Congress; but laws founded in justice and humanity shall from 
time to time be made, for preventing wrongs being done to them, 
and for preserving peace and friendship with them. 

Art. 4. That said territory, and the States which maybe formed 
therein, shall forever remain a part of this confederacy of the 
United States of America, subject to the articles of confederation, 
and to such alterations therein as may be constitutionally made: and 
to all the acts and ordinances of the United States in Congress as- 
sembled, conformable thereto. The inhabitants and settlers in the 
said territory shall be subject to pay a part of the federal debts. 
contracted or to be contracted, and a proportional part of the 
expenses of government, to be apportioned on them by Congi 
according to the same common rule and measure by which appor- 
tionments thereof shall be made on the other States ; and the taxes 
for paying their proportion, shall be laid and levied by the authority 
and direction of the legislature of the district or districts, or new 
States, as in the original States, within the time agreed upon by the 
United States in Congress assembled. The legislatures of those dis- 
tricts, or new States, shall never interfere with the primary disposal 
of the soil of the United States in Congress assembled, nor with any 



APPENDIX 109 

regulations Congress may find necessary, for securing the title in 
such soil, to the bona fide purchasers. Xo tax shall be imposed on 
lands the property of the United States ; and in no case shall non- 
resident proprietors be taxed higher than residents. The navigable 
waters leading into the Mississippi or St. Lawrence, and the carry- 
ing places between the same, shall be common highways, and for- 
ever free, as well to the inhabitants of the said territory, as to the 
citizens of the United States, and those of any other States that may 
be admitted into the confederacy, without any tax, impost, or duty 
therefor. 

Art. 5. There shall be formed in the said territory, not less than 
three, nor more than five States ; and the boundaries of the States, 
as soon as Virginia shall alter her act of cession, and consent to 
the same, shall become fixed and established as follows, to wit: 
The Western State in the said territory shall be bounded by the 
Mississippi, the Ohio, and Wabash rivers; a direct line drawn from 
the Wabash and Post Vincents, due north, to the territorial line 
between the United States and Canada ; and by the said territorial 
line to the Lake of the Woods and Mississippi. The Middle State 
shall be bounded by the said direct line, the Wabash, from Post 
Vincents to the Ohio, by the Ohio, by a direct line drawn due north 
from the mouth of the Great Miami to the said territorial line. The 
Eastern State shall be bounded by the last-mentioned direct line, the 
Ohio, Pennsylvania, and the said territorial line : provided, however, 
and it is further understood and declared, that the boundaries of 
these three States shall be subject so far to be altered, that, if Con- 
gress shall hereafter find it expedient, they shall have authority to 
form one or two States in that part of the said territory, which 
lies north of an east and west line drawn through the southerly 
bend or extreme of Lake Michigan. And whenever any of the said 
States shall have sixty thousand free inhabitants therein, such State 
shall be admitted, by its delegates, into the Congress of the United 
States on an equal footing with the original States, in all respects 
whatever; and shall be at liberty to form a permanent constitution 
and state government; provided the constitution and government, 
so to be formed, shall be republican, and in conformity to the prin- 
ciples contained in these articles; and, so far as it can be consist- 
ent with the general interest of the confederacy, such admission 
shall be allowed at an earlier period, and when there maybe a less 
number of free inhabitants in the State than sixty thousand. 



110 



APPENDIX 



Art. 6. There shall be neither slavery nor involuntary servitude 
in said territory, otherwise than in the punishment of crimes, 
whereof the party shall have been duly convicted ; provided always, 
that any person escaping into the same, from whom labor or ser- 
vice is lawfully claimed in any one of the original States, such 
fugitive may be lawfully reclaimed, and conveyed to the person 
claiming his or her labor or service as aforesaid. 



B. THE ENABLING ACT OF 1816 
Act of Congress 

AN ACT to enable the people of the Indiana Territory to form a con- 
stitution and state government^ and for the admission of such State 
into the Union on an equal footing with the original States. 

[Approved, April 19, 181G.] 

Sec. 1. Be it enacted by the Senate and House of Representative* 
of the United States of America in Congress assembled^ That the 
inhabitants of >the territory of Indiana be, and they arc hereby 
authorized, to form for themselves a constitution and state govern- 
ment, and to assume such name as they shall deem proper; and 
the said State, when formed, shall be admitted into the Union 
upon the same footing with the original States, in all respects 
whatever. 

Sec. 2. And be it further enacted, That the said State shall con- 
sist of all the territory included within the following boundaries, 
to wit: Bounded on the east by the meridian line which forms the 
western boundary of the State of Ohio; on the south, by the river 
Ohio, from the mouth of the Great Miami River, to the mouth of 
the river Wabash ; on the west, by a line drawn along the middle 
of the Wabash, from its mouth to a point where a due north line 
drawn from the town of Vincennes w^ould last touch the north- 
western shore of the said river; and from thence by a due north 
line, until the same shall intersect an east and west line drawn 
through a point ten miles north of the southern extreme of Lake 
Michigan ; on the north, by the said east and west line, until the 
same shall intersect the first-mentioned meridian line, which forms 
the western boundary of the State of Ohio, Provided, That the con- 



APPENDIX 111 

vention hereinafter provided for, when formed, shall ratify the 
boundaries aforesaid; otherwise they shall be and remain as now 
prescribed by the ordinance for the government of the territory 
northwest of the river Ohio : Provided, also, That the said State 
shall have concurrent jurisdiction on the river Wabash, with the 
State to be formed west thereof, so far as the said river shall form 
a common boundary to both. 

Sec. 3. And be it further enacted, That all male citizens of the 
United States, who shall have arrived at the age of twenty-one 
years, and resided in the territory at least one year previous to the 
day of election, and shall have paid a county or territorial tax; 
and all persons having in other respects the legal qualifications to 
vote for representatives in the General Assembly of said territory, 
be, and they are hereby authorized to choose representatives to 
form a convention, who shall be apportioned among the several 
counties within the said territory, according to the apportionment 
made by the legislature thereof, at their last session, to wit : from 
the county of Wayne, four representatives ; from the county of 
Franklin, five representatives ; from the county of Dearborn, 
three representatives; from the county of Switzerland, one rep- 
resentative ; from the county of Jefferson, three representatives ; 
from the county of Clark, five representatives ; from the county 
of Harrison, five representatives; from the county of Washing- 
ton, five representatives; from the county of Knox, rive repre- 
sentatives; from the county of Gibson, four representatives; from 
the county of Posey, one representative ; from the county of 
Warrick, one representative ; and from the county of Perry, one 
representative. \ And the election for the representatives afore- 
said, shall be holden on the second Monday of May, one thousand 
eight hundred and sixteen, throughout the several counties in said 
territory ; and shall be conducted in the same manner, and under the 
same penalties, as prescribed by the laws of said territory, regulat- 
ing elections therein for members of the House of Representatives. 

Sec. 4. And be it further enacted, That the members of the 
convention, thus duly elected, be, and they are hereby authorized, 
to meet at the seat of the government of the said territory on the 
second Monday of June next; which convention, when met. shall 
first determine, by a majority of the whole number elected, 
whether it be, or be not expedient at that time, to form a constitu- 
tion and state government for the people within the said terri- 



112 APPENDIX 

tory; and if it be determined to be expedient, the convention 
shall be, and hereby are, authorized to form a constitution and 
state government ; or if it be deemed more expedient, the said 
convention shall provide by ordinance for electing representatives 
to form a constitution or frame of government, which said repre- 
sentatives shall be chosen in such manner, and in such proportion, 
and shall meet at such time and place, as shall be prescribed by 
the said ordinance ; and shall then form for the people of said 
territory, a constitution and state government: Provided, That 
the same, whenever formed, shall be republican, and not repug- 
nant to those articles of the ordinance of the thirteenth of July, 
one thousand seven hundred and eighty-seven, which are declared 
to be irrevocable between the original States and the people and 
States of the territory northwest of the river Ohio; excepting so 
much of said articles as relate to the boundaries of the States 
therein to be formed. 

Sec. 5. And he it further enacted, That until the next general 
census shall be taken, the said State shall be entitled to one repre- 
sentative in the House of Representatives of the United States. 

Sec. 6. And be it further enacted, That the following proposi- 
tions be, and the same are hereby offered to the convention of the 
said territory of Indiana, when formed, for their free acceptance 
or rejection, which, if accepted by the convention, shall be obliga- 
tory upon the United States : 

First. That the section numbered sixteen, in every township, 
and when such section has been sold, granted or disposed of, other 
lands, equivalent thereto, and most contiguous to the same, shall 
be granted to the inhabitants of such township for the use of 
schools. 

Second. That all salt springs with in the said territory, and the 
land reserved for the use of the same, together with such other 
lands as may, by the President of the United States, be deemed 
necessary and proper for working the said salt springs, not ex- 
ceeding in the whole, the quantity contained in thirty-six entire 
sections, shall be granted to the said State, for the use of the 
people of the said State, the same to be used under such terms, 
conditions, and regulations as the legislature of the said State 
shall direct ; provided the said legislature shall never sell nor 
lease the same, for a longer period than ten years at any one time. 

Third. That five per cent of the net proceeds of the lands 



APPENDIX 113 

lying within the said territory, and which shall be sold by Con- 
gress from and after the first day of December next, after deduct- 
ing all expenses incident to the same, shall be reserved for making 
public roads and canals, of which three fifths shall be applied to 
those objects within the said State, under the direction of the leg- 
islature thereof, and two fifths to the making of a road or roads 
leading to the said State under the direction of Congress. 

Fourth. That one entire township, which shall be designated 
by the President of the United States, in addition to the one here- 
tofore reserved for that purpose, shall be reserved for the use of a 
seminary of learning, and vested in the legislature of the said 
State, to be appropriated solely to the use of such seminary by the 
said legislature. 

Fifth. That four sections of land be, and the same are hereby 
granted to the said State, for the purpose of fixing their seat of 
government thereon, which four sections shall, under the direction 
of the legislature of said State, be located at any time in such 
township and range, as the legislature aforesaid may select, on 
such lands as may hereafter be acquired by the United States, 
from the Indian tribes within the said territory : Provided, That 
such locations shall be made prior to the public sale of the lands 
of the United States, surrounding such location: And provided 
always, That the five foregoing propositions, herein offered, are, 
on the conditions that the convention of the said State shall pro- 
vide by an ordinance irrevocable, without the consent of the 
United States, that every and each tract of land sold by the 
United States, from and after the first day of December next, 
shall be and remain exempt from any tax, iaid by order or under 
authority of the State, w T hether for state, county, or township, or 
any other purpose whatever, for the term of five years, from and 
after the day of sale. 



C. STATE ORDINANCE OE 1816 

Accepting Terms of Admission to the Union 

Be it ordained by the representatives of the people of the Territory 
of Indiana, in convention met at Corydon, on Monday, the tenth of 
June, in the year of our Lord eighteen hundred and sixteen, That we 
i 



114 APPENDIX 

do, for ourselves and our posterity agree, determine, declare, and 
ordain, that we will and do hereby accept the propositions of the 
Congress of the United States, as made and contained in their act 
of the nineteenth day of April, eighteen hundred and sixteen, 
entitled " an act to enable the people of the Indiana Territory to 
form a state government and constitution, and for the admission 
of such State into the Union, on an equal footing with the origi- 
nal States." 

And we do, further for ourselves and our posterity, hereby 
ratify, confirm, and establish, the boundaries of the said State of 
Indiana, as fixed, prescribed, laid down, and established, in the act 
of Congress aforesaid; and we do also, further for ourselves and 
posterity, hereby agree, determine, declare and ordain, thai each 
and every tract of land sold by the United States, lying within the 
said State, and which shall be sold from and after the first day of 
December next, shall be and remain exempt from any tax laid by 
order or under any authority of the said State of Indiana, or by or 
under the authority of the General Assembly thereof, whether for 
state, county, or township, or any other purpose whatever, for the 
term of five years from and after the day of sale of any such tract 
of land; and we do, moreover, for ourselves and our posterity, 
hereby declare and ordain, that this ordinance, and every part 
thereof, shall forever be and remain irrevocable and inviolate, 
without the consent of the United States, in Congress assembled, 
first had and obtained for the alteration thereof, or any part 
thereof. 

JONATHAN JENNINGS, 

President of the Convention* 

Attest, William Hendricks, Secretary. 
June 29, 1816. 



APPENDIX 



115 



D. OFFICIAL LIST OF THE GOVEPvNORS OF 
INDIANA, WITH TIME OF SERVICE 

TERRITORIAL GOVERNORS 

Northwest Territory 







From 


To 


Arthur St. Clair 




. 1787 


1800 


Indiana Territory 






John Gibson (acting) 




. 1800 Jan. 


10, 1801 


William H. Harrison 




. 1801 


1812 


Thomas Posey 




. 1812 


1816 


GOVERNORS OF THE 


STATE 




Jonathan Jennings . 


. Dem. 


1816 


1822 


Ratliffe Boone (acting) 


. Dem. 


Sept. 12-Dec 


. 5, 1822 


William Hendricks . 


. Dem. 


1822 


1825 


James B. Ray (acting) . 


. Dem. 


Feb. 12-Dec. 


11, 1825 


James B. Ray . 


. Dem. 


1825 


1831 


Noah Noble 


. Dem. 


1831 


1837 


David Wallace 


. Whig 


1837 


1840 


Samuel Bigger 


. Whig 


1840 


1843 


James Whitcomb 


. Dem. 


1843 


1848 


Paris C. Dunning (acting) 


. Dem. 


1848 


1849 


Joseph A. Wright . 


. Dem. 


1849 


1857 


Ashbel P. Willard . 


. Dem. 


1857 


1860 


Abram A. Hammond (acting) 


. Dem. 


18(30 


1861 


Henry S. Lane 


. Rep. 


Jan. 14- Jan. 


16, 1861 


Oliver P. Morton (acting) 


. Rep. 


1861 


1865 


Oliver P. Morton 


. Rep. 


1865 


1867 


Conrad Baker (acting) . 


. Rep. 


1867 


1869 


Conrad Baker .... 


. Rep. 


1869 


1873 


Thomas A. Hendricks 


. Dem. 


1873 


1877 


James D. Williams . 


. Dem. 


1877 


1880 


Isaac P. Gray (acting) 


. Dem. 


1880 


1881 


Albert G. Porter 


. Rep. 


1881 


1885 


Isaac P. Gray .... 


. Dem. 


1885 


1889 


Alvin P. Hovey 


. Rep. 


1889 


1891 


Ira J. Chase (acting) 


. Rep. 


1891 


1893 


Claude Matthews 


. Dem. 


1893 


1897 


James A. Mount 


. Rep. 


1897 


. 1901 


Winfield T. Durbin 


. Rep. 


1901 


1905 


J. Frank Hanly 


. Rep. 


1905 





116 



APPENDIX 



E. SALARIES OF STATE OFFICERS 





Tkkm of 






Office 


Salary 




in Years 




Governor 


4 


88,000 


Lieutenant-governor (paid also as Pres. Sen.) 


4 


1,000 


Secretary of State 


2 


6,500 


Auditor of State .... 






2 


7,600 


Treasurer of State .... 






2 


7,600 


Attorney-General 






2 


7,600 


Superintendent of Public Instruction 






2 


3,000 


Clerk of Supreme Court 






4 


5,000 


Reporter of Supreme Court 






4 


6,000 


Judges of Supreme Court (each) 









G,000 


Judges of Appellate Court (each) . 






4 


6, > 


Chief Bureau of Statistics 






2 


3,000 


Geologist 






4 


3,000 


State Librarian .... 






" 


1,800 


Adjutant-General .... 








2,260 


Quartermaster-General . 








1,200 


Custodian of Public Buildings 






"3 


2,000 


Engineer of State House 






- 

( a> 


2,000 


Secretary of Hoard of Health 






*o 


8,000 


Secretary of Hoard of Forestry 








1,800 


Food and Drug Chemist 








2,600 


Chief Inspector .... 






. 


1,800 



F. SALARIES OF COUNTY OFFICE Its 



Counties 


Clbbb 


A (7DITOB 


Ti:i LBITBEB 


Eta OBDBB 


Bhibifi 


Adams .... 


$2,100 


$2,300 


$2,300 


$1,300 


$2,000 


Allen .... 


6,300 


6,600 


9,000 


3,600 


6,200 


Bartholomew 


2,400 


2,600 


2,500 


1,400 


2,200 


Benton. . . . 


1,500 


1.600 


2,100 


1,100 


1,600 


Blackford . . . 


1,600 


1,700 


1.000 


1,400 


1,600 


Boone .... 


2,600 


2,800 


2,400 


1,700 


2.400 


Brown .... 


1,200 


1,300 


1,200 


800 


1,200 


Carroll .... 


2,100 


2,300 


2,200 


1,400 


2,000 



APPENDIX 



117 



Sa 


laries of County Officers — 


Continued 


Counties 


Clerk 


Auditor 


Treasurer 


Eecordkk 


Sheriff 


Cass 


$3,300 


$3,600 


$4,000 


SI. 900 


82,800 


Clark . . 






2,700 


3,000 


3,100 


1,700 


2,600 


Clay. . . 






2,800 


3,000 


3,000 


1,700 


2,600 


Clinton 






2,700 


2,900 


2,700 


1,800 


2,600 


Crawford . 






1,600 


1,700 


1,600 


1,100 


1,600 . 


Daviess 






2,600 


2,800 


2,700 


1,700 


2,400 


Dearborn . 






2,400 


2,500 


2,300 


1,400 


2,200 


Decatur 






2,300 


2,400 


2,300 


1,400 


2,000 


De Kalb . 






2,400 


2,500 


2,400 


1,500 


2,300 


Delaware . 






3,500 


3,700 


4,500 


2,700 


3,000 


Dubois . . 






2,100 


2,300 


2,000 


1,300 


1,900 


Elkhart . 






3,800 


3,900 


4,000 


2,200 


3,300 


Fayette 






1,700 


1,800 


1,900 


1,100 


1,600 


Floyd . . 






2,800 


3,000 


3,200 


1,700 


2,500 


Fountain . 






2,200 


2,400 


2,200 


1,500 


2,000 


Franklin . 






1,900 


2,100 


2,000 


1,200 


1,900 


Fulton . 






1,900 


2,000 


2,200 


1,200 


1,900 


Gibson . 






2,400 


2,500 


2,800 


1.600 


2,400 


Grant . 






4,200 


4,500 


5,650 


3,300 


3,800 


Green . 






2,400 


2,600 


3,000 


1,500 


2,200 


Hamilton 






2,700 


3,000 


2,700 


1,900 


2,500 


Hancock 






2,100 


2,200 


2,300 


1,400 


2,000 


Harrison 






2,100 


2,300 


2,000 


1,200 


2,000 


Hendricks 






2,200 


2,500 


2,200 


1,400 


2,100 


Henry . 






2,600 


2,600 


2,400 


1,700 


2,200 


Howard 






2,700 


3,000 


2,700 


1,900 


2,600 


Huntingtor 


L 




2,700 


2,900 


2,700 


1,800 


2,600 


Jackson 






2,400 


2,500 


2,700 


1,500 


2,300 


Jasper . 






1,500 


1,700 


2,250 


1,700 


1,400 


Jay . . 






2,600 


2,700 


2,500 


1,900 


2,400 


Jefferson 






2,400 


2,600 


2,400 


1,500 


2,300 


Jennings 






1,700 


1,900 


1,800 


1,100 


1,700 


Johnson 






2,200 


2,300 


2,300 


1,400 


2,000 


Knox . 






2,700 


2,900 


3,300 


1,600 


2,500 


Kosciusco 






2,700 


2,900 


2,500 


1,600 


2,500 


Lagrange 






1,800 


1,900 


1,800 


1,100 


1,700 


Lake 






3,000 


3,200 


6,000 


2,400 


3,000 



118 



APPENDIX 



Salaries of County Officers — 


■ Continued 


Counties 


Clerk 


Auditor 


Treasures 


Recorder 


Sheriff 


Laporte . . . 


$3,500 


$3,700 


$4,000 


$2,000 


|3,200 


Lawrence . 




2,200 


2,300 


2,400 


1,500 


2,100 


Madison . 




4,800 


4,800 


7,250 


3,800 


4,600 


Marion . . 




19,500 


17,500 


25,000 


12.500 


11,000 


Marshall . 




2,400 


2,500 


2,300 


1,400 


2,200 


Martin . . 




1,000 


1,700 


1,700 


1,100 


1,600 


Miami . . 




2,400 


2,500 


2,700 


1,400 


2,300 


Monroe 




2,300 


2*300 


1,800 


1,400 


2,000 


Montgomery 




2,800 


2,900 


3,000 


1,600 


2,800 


Morgan 




2,100 


2,300 


2,200 


1,200 


1,900 


Newton 




1,300 


1,400 


1,800 


900 


1,300 


Noble . . 




2,400 


2,500 


2,400 


1.400 


2,200 


Ohio . . 




1,000 


1,100 


1,200 


800 


1,000 


Orange . . 




1,700 


1,800 


1,800 


1,100 


I.Too 


Owen . . 




1,800 


1,900 


1,800 


1,100 


1,800 


Park . . 




2,100 


2,300 


-.300 


1,300 


2,000 


Perry . 




2,000 


2,100 


2,000 


1 .200 


1,000 


Pike . . . 




2,000 


2,100 


2,000 


1.200 


l.ooo 


Porter . . 




2,300 


2,600 


3,000 


1,500 


2,000 


Posey . . 




2,200 


2,400 


2, 200 


1,900 


2,100 


Pulaski . . 




1,400 


1,600 


1,600 


1,100 


1,400 


Putnam 




2,200 


2,400 


2,400 


1,400 


2,100 


Randolph . 




2,700 


2,800 


2,500 


1,600 


2,500 


Ripley . . 




2,200 


2,300 


2,000 


1,400 


2.000 


Rush . . 




2,300 


2,400 


2,500 


1,400 


2,000 


Scott . . 




1,000 


1,100 


1,200 


700 


1,000 


Shelby . . 




2,400 


2.500 


2,600 


1.400 


2.300 


Spencer 




2,200 


2,400 


1,900 


1,400 


2,100 


Starke . . 




1,200 


1,100 


1,500 


1,000 


1,100 


Steuben . . 




1,800 


1.900 


1,800 


1,100 


1.700 


St. Joseph 




4,400 


4.600 


7,750 


2,700 


3,900 


Sullivan . . 




2,200 


2,700 


2,700 


1,400 


2,100 


Switzerland . 




1,500 


1,600 


1,600 


1,000 


1,500 


Tippecanoe 




3,900 


3,900 


5,750 


2,000 


3,000 


Tipton . . 




2,100 


2,300 


2,400 


1,500 


2,000 


Union . . 




1,000 


1,100 


1,200 


700 


1,000 


Vanderburg 




6,300 


6,500 


8,000 


3,400 


6,000 



APPENDIX 



119 



Salaries of County Officers — 


- Continued 


Counties 


Clerk 


Auditor 


Treasurer 


Recorder 


Sheriff 


Vermilion . . 


81,600 


$1,700 


82,200 


81,000 


$1,600 


Vigo . . 




5,600 


5,800 


7,500 


2,700 


5,300 


Wabash . 




2,800 


2,800 


2,700 


1,900 


2,600 


Warren 




1,500 


1,600 


2,000 


1,200 


1,500 


Warrick . 




2,200 


2,400 


2,000 


1,400 


2,100 


Washington 




2,200 


2,200 


1,800 


1,400 


2,000 


Wayne . . 




3,700 


3,900 


5,000 


2,000 


3,200 


Wells . . 




2,200 


2,400 


2,700 


1,500 


2,100 


White . . 




1,900 


2,100 


2,550 


1,300 


1,800 


Whitley . 




2,000 


2,100 


2,100 


1,300 


1,900 



The salaries of other county officers are determined by 
fees. The county superintendent receives $4.50 for each 
day's service. The township trustee is paid $2.00 per day. 
In the more populous counties additional provision is made 
for per diem officers. 



INDEX 



(All References are to Sections.) 



Administration , Departments ,82,95, 
97 ; City, 167 ; of Government, 12. 

Advisory Board, Township, 154. 

Agriculture, Board of, 105. 

Amendments to constitution, 133. 

Assessor, County, 145 ; Township, 
155. 

Attorney-General, 91. 

Attorney, City, 169; County, 149. 

Auditor, County, 139; State, 89. 

Ballot, 58. 

Banks and Banking, 124. 

Benevolence, boards of, 101. 

Bill of Rights, 37. 

Board of Review, 150. 

Boundaries, State, 127. 

British, dominion of, 18. 

Canal, Wabash-Erie, 29. 
Centralizing Tendencies, 95. 
Charity, State Board of, 98 ; County 

Board of, 151. 
Chemist, State, 96. 
City, the, 163; classification of, 

164; problems of, 177. 
City Council, 164, 165. 
Clark, George Rogers, 19. 
Clerk, in Legislature, 67 ; City, 176 ; 

County, 114, 141 : Town, 161. 
Commissioners, Election, 58; boards 

of, 104 ; County, 137 ; of fisheries, 

96; Street, 161. 
Constable, 114, 157. 
Constitution, origin of State, 3; 

growth of, 7 ; a new, 28, 35. 
Coroner, 144. 
Corporations, 124, 126. 
Counties, size of, 130; organization 

of, 136; list of, Appendix F. 



County Attorney, 149. 

County Council, 138. 

Coureur dp bois s 14. 

Courts, 42 ; appellate, 107 : circuit. 
108: city, 108, 176: claims. 108; 
criminal, 108: mayors, 108; po- 
lice, 108 : superior, 108 : supreme, 
107; juvenile, 108. 

Deaf and Dumb School, 119. 

Debtors, 47. 

Departments of Government, 60. 

Education, constitutional provisions 
for, 115: County Board of, 151; 
State Boards of, 100. 

Elections, 57. 

Electors. 54, 55, 56, 57. 

Enabling Act, Appendix B. 

Entomologist, State, 96. 

Executive, 60; see Governor. 

Fire Chief, 161. 
Forestry, State, 105. 
French, the, 15. 

General Assembly, 60, 67, 71, 72. 

Geologist, State, 93. 

Governor, 75, 76, 77, 79, 81 : duties 

of, 80 ; list of, Appendix D. 
Grand Jury, 112. 

Harrison, William Henry, 23, 24. 
Health. City Board of, 173; State 
Board of, 99. 

Impeachment of Officers, 85. 
Indiana, Territory, 23 ; admission 
of, 26. 



121 



122 



INDEX 



Indians, 24. 
Industries, 33. 
Improvements, internal, 29. 
Insane, care of, 101, 119. 
Inspector, Chief, Mine, Oil, 96. 

Judicial Department, 60, 61, 106, 

176 ; see Courts. 
Jury, 45. 

Jury Commissioners, 148. 
Justices of the Peace, 111, 157. 
Juvenile Court, 108. 

La Salle, 14. 

Laws, reformatory, 44 ; revision of, 
113. 

Legislature, supremacy of, 5; re- 
strictions on, 6; sec General As- 
sembly. 

Libel, 40. 

Librarian, State, 96. 

Lieutenant-governor, 77, 79, 81. 

Lotteries, 131. 

Marshal, City, 161. 

Mayor, 166. 

Metropolitan Police Commissioners, 

175. 
Miamis, Fort, 14. 
Militia, 125. 

New Harmony, 27. 
Notaries Public, 96. 

Ordinances, of 1784, 1785, 1787, 22; 

see also Appendix. 
Ouiatanon, 14. 

People of Indiana, 34. 

Petition, 51. 

Pigeon Roost Massacre, 24. 

Police, 175. 

Politics, Indiana in National, 31. 

Pontiac, 17. 

Poor farms, 121 ; Superintendent of, 
151. 

Powers, federal, 8 ; State, 9 ; con- 
current, 10; denied, 11; conflict 
of, 12. 

Prison, 102. 

Prosecuting Attorney, 109. 



Public Safety, Board of, 171. 
Public AVorks, Board of, 171. 

Recorder, County, 142. 
Reformatories, 102. 120. 
Religious Rights, 39. 
Representatives, 64. 65, 66, 74. 
Resources, natural, 32. 
Revenues, 123. 
Roadways, 29. 

Salaries, of State and County Officers, 

Appendixes A', F. 
Schedule, 134. 

School, funds, 116, 117; revenues, 

116. 
Seal, State, 129. 

Search or Seizure, 41. 
Secretary of State, 88. 
Senate. 62. 66. 74. See Repn 
atives. 

Sheriff. County. 114, 143. 
Slavery, 25. 53. 
Soldiery, 52 ; see Militia. 
Speech, freedom of, 40. 
State the meaning of, 2. 
Statistician. State, 94. 
Surveyor, ( kmnty, 146. 
Superintendent, County, 147 ; State, 

92. 
Supervisor, Road, 156. 

Taxation. 104. 122. 126. 
Tecumseh, Bpeech of, 24. 

Tippecanoe, battle of, 24. 
Town, the, 159. 162. 
Township, the, 152. 

Treason. 50. 

Treasurer. State, 90: Town, 161; 
City, 172; County, 140. 

Trial, 43. 

Trustee. Town, 160 ; Township, 153. 

Veterinarian. State, 96. 
Vincennes, 14, 19. 

Virginia, 19, 20. 21. 
Voting. 59. 

Wars, Indiana in, 30. 
Writ of habeas corpus. 



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